MORGAN v. WORKERS' COMPENSATION APPEAL BOARD

Kinder Morgan petitions for review of an adjudication of the Workers' Compensation Appeal Board (Board) granting benefits to William Flanagan . In doing so, the Board affirmed the decision of the Workers' Compensation Judge (WCJ) that Claimant's stroke was triggered by the physical exertion of cleaning up a chemical spill at work and, thus, work-related. Employer argues that the Board erred in awarding benefits because Claimant did not give it timely notice that the stroke was work-related.

Claimant filed a claim petition on October 4, 2008, alleging that he suffered a stroke caused by over-exertion while in the course of his job with Employer. Employer filed a timely answer denying the allegations and contending that Claimant did not advise Employer that his stroke was work-related within days of the work injury, as required by Section 311 of the Workers' Compensation Act , 77 P.S. 631.1 The matter was assigned to a WCJ.

Claimant testified before the WCJ that he worked as an Assistant Terminal Manager at Employer's facility, which handles transfers of chemicals transported by ship. On October 4, 2008, Claimant inspected a disabled crane at the facility, getting down on his hands and knees to take pictures of a damaged hydraulic hose and fitting. Then, after walking up a 750 foot catwalk, he noticed a spill of the chemical known as urea. Claimant began cleaning up the spill by shoveling the urea onto two belts, a process Claimant described as akin to breaking ice on a driveway. As Claimant was pushing and shoveling the urea he felt a strange sensation in his face and became dizzy. By the time he returned to his office, approximately 30 minutes later, he was sweating and still dizzy. Claimant's secretary called 911, and he was taken to the hospital. There it was determined that he had suffered a stroke, and he was hospitalized for several weeks.

Because of his stroke, Claimant had difficulty communicating verbally with doctors and other staff. He communicated mainly by nodding or shaking his head. Claimant's direct supervisor, James Shine, visited him in the hospital. Claimant testified that when Shine asked Claimant what happened, he told Shine that he was shoveling urea when "something happened" and he suddenly had a "weird feeling." Reproduced Record at 16a .

Claimant testified that he continues to suffer the effects of his stroke, including a dropped right foot, which renders him unable to perform his previous job. Claimant stated that he broke his right arm when he fell in his daughter's back yard after his right foot failed him.