At the end of last year, the Commonwealth Court decided the matter of Pennsylvania Liquor Control Board v. Workers’ Compensation Appeal Board (Kochanowicz), No. 760 C.D. 2010, which it received on remand from the state Supreme Court after its prior decision in the case was vacated. The court was directed to reconsider the matter in light of the prior Supreme Court decision in Payes v. WCAB (Commonwealth of Pennsylvania State Police), 79 A.3d 543 (Pa. 2013), decided just over a year ago. The Supreme Court in Payes had taken the lower appellate tribunals to task for the manner in which they had been dealing with work-related psychological injuries—often substituting their own findings for those of the trial court. The case restored the appropriate power to the fact-finder in “mental-mental” psychiatric work injury claims, or those stemming from nonphysical stimuli.
Until Payes was decided, the appellate courts had found very few cases that they deemed to involve abnormal working conditions, irrespective of what the workers’ compensation judge (WCJ) had found. Moreover, according to the Supreme Court, the Commonwealth Court had been essentially ending the “abnormal working conditions” analysis when a claimant was employed in a highly stressful occupation, with routinely elevated levels of stressful psychiatric stimuli that were ostensibly “normal” to the job. The problem with that sort of analysis is that it almost always invalidated any factual findings made at the trial level. The Payes court refocused the need of the appellate courts to remain true to the “well-supported” factual findings of the workers’ compensation judge, who acts as both trier of law and fact in a workers’ compensation proceeding.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]