McCabe v. Workers’ Compensation Appeal Board (Department of Revenue),

.  Ms. McCabe had done telephone work for the Department of Revenue.  She alleged a disability due to the aggravation of her asthma caused by secondhand smoke in her work environment.  In November 1994, she developed a cough; she worked until April 4, 1995 when she stopped due to shortness of breath, wheezing and a severe, loud cough.  She returned after May 24, 1995, worked until July 12, left until July 21, when she returned and worked until September 8, 1995, when she was no longer able to work due to the cough and shortness of breath.  The Workers’ Compensation judge ordered that Ms. McCabe receive total disability benefits from April 4, 1995 to May 24, 1995 and from July 12, 1995 until July 21, 1995 and ongoing from September 8, 1995.  The employer appealed to the board, which affirmed the judge’s award for the earlier dates but reversed the grant of ongoing benefits from September 8 and thereafter.  On August 26, 1999, the Commonwealth Court of Pennsylvania ruled, at 738 A. 2d 503, 1999 Pa. Commw. LEXIS 694,  that the Compensation Appeal Board had erred in reversing the judge’s ongoing award of benefits because there had been nothing in the judge’s factual findings to support the contention that Ms. McCabe’s aggravation of asthma had resolved itself.  The Commonwealth Court ruled that the board should have remanded the case to the judge “for him to explicitly address the evidence” regarding Ms. McCabe’s physical condition and to make further factual findings based on that evidence.  See Pennsylvania Law Weekly, September 20, 1999, 17.

No. 3207 C.D. 1998, Commonwealth Court of Pennsylvania, 1999 Pa. Commw. LEXIS 694.