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US Airways and Reliance National v. Workers' Compensation Appeal Board

Board's grant of employee's claim for workers' compensation affirmed in part and reversed in part; WCJ's findings with respect to notice were conclusive and could not be disturbed; case remanded because claimant was required to establish that his psychic reaction to a meeting at work, which resulted in his heart attack, was other than a subjective reaction to normal working conditions.

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Submitted: March 16, 2001

US Airways and Reliance National c/o Sedgwick Claims Management Services (Employer) petitions for review of an order of the Workers’ Compensation Appeal Board (Board) which affirmed in part and denied in part a decision of the Workers’ Compensation Judge (WCJ). The Board affirmed the granting of Russell Panyko’s (Claimant) claim petition but reversed the granting of Claimant’s request for attorney fees for an unreasonable contest.

On November 17, 1997, Claimant filed a claim petition seeking a closed period of disability from February 5, 1997 through March 7, 1997, as a result of an alleged aggravation of a pre-existing heart condition in the form of a heart attack which took place on February 5, 1997. Claimant alleged that his heart attack occurred in the course and scope of his employment with Employer. Employer filed a timely answer denying the material allegations of the claim petition. Hearings before the WCJ ensued.

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