This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
A worker employed as an onion sorter slipped on an onion while working on June 27, 1992, sustaining injuries to her ankle, back, and shoulder. Her job involved heavy physical labor, including lifting and carrying bags weighing up to 25 pounds. The worker had a history of unskilled labor in physically demanding roles, including as a motel maid and dishwasher. Following the accident, she was unable to return to work at a wage equal to or greater than her pre-injury wage (paras 2-8).
Procedural History
- Workers' Compensation Administration: The Workers' Compensation Judge (WCJ) determined that the worker was entitled to permanent partial disability benefits under the Workers' Compensation Act.
Parties' Submissions
- Employer/Insurer-Appellants: Argued that the WCJ erred in classifying the worker's "usual and customary" work as "heavy," in finding a causal connection between the worker's shoulder injury and the accident, and in applying the age modification based on the worker's age at the time of the disability rating (paras 9-11, 18, 23-24).
- Worker-Appellee: Asserted that her injuries, including the shoulder impairment, were causally related to the work accident and that the WCJ correctly applied the statutory modifications for physical capacity, age, and education (paras 8, 18-20, 26).
Legal Issues
- Did the WCJ err in classifying the worker's "usual and customary" work as "heavy"?
- Was there sufficient evidence to establish a causal connection between the worker's shoulder injury and the work-related accident?
- Did the WCJ correctly apply the age modification based on the worker's age at the time of the disability rating?
Disposition
- The Court of Appeals affirmed the WCJ's decision on all issues (para 27).
Reasons
Per Wechsler J. (Flores and Bustamante JJ. concurring):
Physical Capacity Modification: The Court held that the WCJ correctly classified the worker's "usual and customary" work as "heavy." The term "usual and customary" was interpreted broadly to include the worker's entire employment history, not just her most recent job. The WCJ's finding was supported by evidence of the worker's prior physically demanding roles, including as a motel maid, where she frequently lifted heavy objects (paras 9-17).
Causal Connection: The Court found sufficient evidence to support the WCJ's determination that the worker's shoulder injury was causally related to the work accident. Although the medical expert expressed doubts about the extent of the injury's connection to the accident, the testimony, when viewed in its entirety, reasonably supported the WCJ's conclusion that a portion of the shoulder impairment was attributable to the accident (paras 18-21).
Age Modification: The Court upheld the WCJ's application of the age modification based on the worker's age at the time of the disability rating. The statutory language explicitly ties the modification to the worker's age at the time of the rating, and there was no evidence of unfair tactics by the worker to delay the hearing (paras 22-26).
The Court awarded costs and attorney fees to the worker and remanded the matter to the WCJ to determine the amount (para 27).