A. Torres v. The Giant Co., LLC (WCAB)
CourtCommonwealth Court of Pennsylvania
Date FiledOctober 26, 2026
Docket958 C.D. 2025
JudgeDumas
StatusUnpublished
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Full Opinion
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Angel Torres, :
Petitioner :
: No. 958 C.D. 2025
v. :
: Submitted: September 14, 2026
The Giant Company, LLC (Workers’ :
Compensation Appeal Board), :
Respondent :
BEFORE: HONORABLE CHRISTINE FIZZANO CANNON, Judge
HONORABLE LORI A. DUMAS, Judge
HONORABLE BONNIE BRIGANCE LEADBETTER, Senior Judge
OPINION NOT REPORTED
MEMORANDUM OPINION BY
JUDGE DUMAS FILED: October 26, 2026
Angel Torres (Claimant) has petitioned this Court to review an
adjudication of the Workers’ Compensation Appeal Board (Board), entered July 2,
2025, which affirmed the decision of the Workers’ Compensation Judge (WCJ) in
favor of Power Component Systems, Inc. (Employer).1 On appeal, Claimant
contends he established causation. We affirm.
I. BACKGROUND2
In May 2023, Claimant was a “working supervisor” of a small
1
The correct employer’s name is Power Component Systems, Inc., but no party applied to
amend the caption. Tr., 1/12/24, at 6.
2
Unless otherwise stated, we derive the background from the WCJ’s and Board’s decisions,
which are supported by substantial evidence, and in the light most favorable to Employer as the
prevailing party. Cinram Mfg., Inc. v. Workers’ Comp. Appeal Bd. (Hill), 975 A.2d 577, 583 (Pa.
2009) (Cinram). For context, however, we state conflicting testimony and may simplify medical
parlance.
demolition crew, and he also demolished walls by hand or crowbar. Claimant Dep.
Tr., 11/28/23, at 15; David Sibbach Dep. Tr., 3/26/24, at 7-8, 27. Sibbach, testifying
for Employer, explained that the project was a “basic selective demolition job”
removing flooring and drywall. Sibbach Dep. Tr. at 7-8. Sibbach described drywall
removal as a duty in the “medium range,” i.e., more physically demanding than light-
duty work such as painting or fixing carts. Id. at 34. Demolition in the “heavy”
range requires “jackhammers and chipping hammers, breaking concrete.” Id.
Claimant’s own history stated that his chest pain occurred before that
drywall removal. Per the history he gave Dr. Manoj Khandelwal, Employer’s expert,
Claimant started having “episodes of chest pain” on May 20th. Dr. Manoj
Khandelwal Dep. Tr., 6/19/24, at 10. On May 23rd, before his shift started, Claimant
“had episodes of chest pain, which also now radiated into his neck and his jaw,”
“shortness of breath,” and “arm weakness.” Id.; contra Claimant Dep. Tr., 11/28/23,
at 7 (denying having “problems like this before” and “a history of heart problems”),
26 (denying any prior stress or cardiac testing and any heart attack before May 24th);
Tr., 6/26/24, at 10 (same).
Turning to that shift, Claimant was scheduled to work overnight from
8:00 p.m. to 6:30 a.m. (May 23rd to 24th). Sibbach Dep. Tr. at 9-10; Claimant Dep.
Tr., 11/28/23, at 18. Claimant testified that he had been using his hands and a crowbar
to remove drywall for about four hours. Claimant Dep. Tr. at 6. Around midnight,
he “was taking out the drywall from the walls, and [he] started getting like pain in
[his] chest, like real hard, like in [his] left arm and all that. [He] didn’t have no
power in [his] left arm.” Id. Claimant questioned his coworker about why his “left
arm feels so heavy” and told the general contractor (a third party) of his symptoms.
Id. at 7, 18. Claimant did not finish his shift and drove himself to a nearby hospital,
2
where he was admitted for three days. Id. at 8, 18-19.3
Sibbach testified that he learned about Claimant’s hospitalization on the
25th and telephoned Claimant at the hospital on May 26th. Sibbach Dep. Tr. at 11.
Claimant told Sibbach that he “felt some chest pain or some heavy breathing” from
“something to do with [a] clogged artery around his heart, but that blood was flowing
in another artery . . . .” Id. at 12. Per Sibbach, Claimant never said his “heart attack
was work-related.” Id.4 After the hospital discharged Claimant, he returned to work
on May 30th and worked 36.5 hours that week at two other demolition sites
performing his pre-injury work duties. Id. at 13-14; accord Tr., 6/26/24, at 13.
Claimant last worked for Employer in July 2023.5 Sibbach Dep. Tr. at 37.
A few months later, Claimant filed a claim petition describing his injury
as a heart attack from “using both hands and arms to pull out sheetrock from the
walls.” Pet., 9/12/23. Employer denied liability. The WCJ held several hearings on
the petition. Claimant testified live and by deposition; Dr. Solberg, Dr. Khandelwal,
and Sibbach testified by trial deposition.
Dr. Solberg, Claimant’s expert, is board certified in “physical medicine
and rehabilitation and electrodiagnostic medicine.” Solberg Dep. Tr. at 8. Dr.
Solberg examined Claimant three times in the fall of 2023. Id. at 9, 14-15. Claimant
explained to Dr. Solberg that “he was working with some drywall with repeated
3
Claimant had testified that he drove himself to the hospital around midnight, but hospital
records reflect an 8:13 a.m. arrival. Compare Claimant Dep. Tr. at 18-19, with Khandelwal Dep.
Tr. at 10-11.
4
As a “working supervisor,” Claimant was responsible for reporting any on-site injury to
the office or project manager. Sibbach Dep. Tr. at 27-28. Claimant did not ask to submit a workers’
compensation claim or incident report. Id. at 12; Claimant Dep. Tr. at 20. Employer learned about
Claimant’s injury shortly before the next night shift began. Sibbach Dep. Tr. at 30.
5
Later that month, Claimant saw Dr. Peter Stempniewicz, a cardiologist, who examined
Claimant’s heart and diagnosed narrowed arteries from high cholesterol. Dr. Byrne Solberg Dep.
Tr., 12/4/23, at 20, 22-23.
3
heavy lifting, and he had a sudden onset of his left arm feeling very numb and heavy,
and becoming discolored,” followed by shortness of breath. Id. at 10. Dr. Solberg
noted that Claimant had quit smoking after his heart attack, that his job history
reflected “a very physically demanding job,” and that Claimant “basically denied”
any “past medical history” “prior to his cardiac event.” Id. at 11. Dr. Solberg
conducted “neuromuscular skeletal examinations, all of which were essentially
within normal limits.” Id. As for Claimant’s heart, Dr. Solberg testified: “The
cardiac evaluation I didn’t get too wrapped up in as he’s being followed by
cardiology.” Id. at 11-12.
Upon being asked whether a causal connection existed between his
diagnoses and the work incident, Dr. Solberg answered: “We can say that his
physical activities, you know, caused his symptoms on that day. You know, would
he have had an eventual heart attack some other time is speculative. I don’t really
know. I can’t really say . . . . He was doing very physically demanding work and
had a heart attack.” Id. at 16. Dr. Solberg agreed that “physically heavy exertion on
Claimant’s preexisting condition” could “trigger a heart attack.” Id.
On cross-examination, Dr. Solberg conceded he is “not a cardiologist.”
Id. at 19. Dr. Solberg also conceded that he reviewed only Dr. Stempniewicz’s July
2023 office notes and none of Claimant’s hospital records. Id. at 20. He was
unaware those records documented Claimant’s “intermittent chest pain that had
occurred on two different occasions the day before he presented to the hospital.” Id.
at 21. He was also unaware those records documented that those symptoms “were
not explicitly related to exertion,” and he acknowledged “some discrepancy there.”
Id. at 21-22. Dr. Solberg agreed that Dr. Stempniewicz did not “specifically relate”
Claimant’s “atherosclerotic heart disease and hyperlipidemia” to Claimant’s work
4
incident. Id. at 22. Dr. Solberg agreed that he did not provide Claimant cardiac
treatment and that his causation opinion “that the heart attack was work related or
his symptoms were brought on by his work activity is based upon what” Claimant
told Dr. Solberg. Id. at 25 (relying on Claimant’s “truthfulness and veracity”).
Dr. Khandelwal, Employer’s expert, is board certified in cardiology,
interventional cardiology, and internal medicine. Khandelwal Dep. Tr. at 4. His
practice spans “the entire range of cardiology from consulting outpatients to
performing emergency interventional procedures,” including one to two independent
medical evaluations per year. Id. at 5-6.
Dr. Khandelwal examined Claimant in December 2023. Id. at 8.
Claimant reported to Dr. Khandelwal that he had worked in demolition “his whole
life” and described the chest pain he had (a) on May 20th, (b) before his shift started
on May 23rd, and (c) during his shift around midnight. Id. at 10. Claimant arrived
at work around 8:00 p.m., began “breaking drywall, and then he felt at that time also
a left arm heaviness.” Id.
The hospital records showed that Claimant “arrived at the emergency
room around 8:13 a.m.” on May 24th, where “blood testing performed that morning”
provided evidence that Claimant had suffered a heart attack. Id. at 10-11. The
hospital did not immediately catheterize Claimant because it had determined that the
heart attack had already occurred. Id. at 11. The hospital discharged Claimant on
May 26th because his blocked artery was not treatable without open heart surgery.
Id. at 11, 28-29.6
6
Claimant “was discharged because it was felt that his artery that was occluded was not
amenable to a percutaneous intervention,” i.e., a stent. Khandelwal Dep. Tr. at 11, 28-29
(explaining the treatment options of stent versus open heart surgery). Simply, a stent is a tube
placed within the blocked blood vessel. See 2 Att’ys Med. Advisor § 27:47 (discussing heart
surgery procedures).
5
Dr. Khandelwal’s examination of Claimant’s heart revealed normal
blood pressure, pulse, oxygen level, and a normal cardiac exam. Id. at 13. An
electrocardiogram also revealed a “possible old heart attack.” Id.
Dr. Khandelwal dated that old heart attack to well before the shift. Id.
at 13-14. He opined that Claimant “did not have a work-related injury,” because there
“were multiple data that showed that he had symptoms and signs consistent with a
heart attack that occurred well before his date of injury.” Id. Such data included
“cardiac enzymes” “consistent with a remote heart attack.” Id. at 14.7 Dr.
Khandelwal clarified that the “enzymes suggest that the heart attack occurred in the
range of about 24 to 32 hours before his arrival at the hospital emergency room.” Id.
at 26. But when Claimant’s counsel restated that range as “24 to 48 hours,” Dr.
Khandelwal responded that “the timing of the event is in the range of about 24 to 32
-- 24 to 48 hours. Yeah, that’s a fair assessment given those cardiac enzyme levels.”
Id. at 27.8 He explained that the “enzyme pattern” signaled to the emergency room
that the event “didn’t happen in the last few hours, the last six to eight hours,” but
rather “one to two to three days before.” Id.
Accordingly, Dr. Khandelwal opined that Claimant’s demolition work
did not cause his heart attack: “His symptoms began many days before his claim of
the date of injury. So this had been an ongoing virtually chronic event now for this
man before he arrived at the emergency room.” Id. at 14-15. He explained that the
“majority of [heart attacks] are not activity-related or stress-related. They typically
7
Claimant “had elevated cardiac enzymes in the form of troponins and [SGOT] that were
markedly elevated at the time the blood samples were obtained that are consistent with a remote
heart attack and, as I also mentioned before, his symptoms and his EKG also suggested that he had
a heart attack prior to his arrival in the emergency room.” Khandelwal Dep. Tr. at 14.
8
Employer and the WCJ rely on the 48-hour upper bound, and the Board relies on the 32-
hour upper bound. Regardless, the credited evidence established that Claimant’s heart attack
occurred before his shift.
6
occur at rest. Ninety-six percent typically occur in the morning when patients wake
up with either symptoms or signs of a mild heart attack.” Id. at 15. Activity-related
heart attacks are “extremely rare,” accounting for “only about four percent,” and
even then “it only occurs in those that have a sudden change in their level of activity,”
e.g., “an individual who is sedentary who suddenly shovels snow for the first time.”
Id. Dr. Khandelwal opined that the cause was Claimant’s continued smoking, history
of high blood pressure, and high cholesterol. Id. at 15-16 (disagreeing completely
with Dr. Solberg’s opinion); see Tr., 6/26/24, at 25 (reflecting Claimant’s testimony
that in May, he had been smoking “half a pack a day,” and post-heart attack,
continued to smoke once “in a while”).9
On cross-examination, Claimant asked Dr. Khandelwal “whether the
exertional level” during his overnight shift “was higher than he had previously been
experiencing in his job.” Khandelwal Dep. Tr. at 24. Dr. Khandelwal responded
that Claimant stated he was doing “exactly what he does at his job every day.” Id.
The WCJ found Claimant credible regarding “his pre-injury job duties
and ongoing symptoms and restrictions,” but not credible “regarding suffering a
work-related cardiac injury.” WCJ Op. at 11. The WCJ explained that “the causal
connection between the cardiac injury and Claimant’s employment [was] not
obvious.” Id. Further, Claimant’s testimony conflicted with Dr. Khandelwal’s
“credited, accepted medical testimony.” Id.
The WCJ discredited Dr. Solberg’s opinion where it conflicted with Dr.
Khandelwal’s because Dr. Solberg is not a cardiologist, did not conduct a complete
cardiac examination, and never reviewed the hospital records. Id. at 12. The WCJ
credited Dr. Khandelwal’s opinion that a blocked artery caused Claimant’s heart
attack, which “had already occurred prior to Claimant’s” overnight shift. Id. (citing
9
Cf. Khandelwal Dep. Tr. at 13 (noting Claimant’s normal blood pressure at his exam).
7
Dr. Khandelwal’s credentials, examination, and review of all medical records). The
WCJ credited Sibbach regarding Claimant’s work duties. The WCJ thus denied
Claimant’s petition.10
Claimant appealed to the Board, arguing that several of the WCJ’s
findings lacked record support and that medical evidence “was not required” to
prove that “strenuous physical work” caused his heart attack. Notice of Appeal,
12/20/24. The Board affirmed, reasoning that the causal relationship “was not
obvious” and thus required medical evidence. Bd. Op., 7/2/25, at 2. Claimant timely
petitioned this Court for review.
II. ISSUE
Claimant contends that because his work duties obviously caused his
heart attack, he was not required “to present medical evidence.” Claimant’s Br. at 4.
III. DISCUSSION11
A. Arguments
Claimant argues the record established that prior to May 24th, he “had
no history of chest and arm pain.” Id. at 9-10.12 During his overnight shift, he felt
10
The WCJ acknowledged that Dr. Solberg’s license was provisionally reinstated in 2020
and not fully reinstated until 2024, after he examined Claimant. WCJ Op. at 6. The WCJ did not
explicitly refer to Dr. Solberg’s licensure as a basis for discrediting his testimony. See WCJ Op.
11
“Under the appellate standard of review pertaining to administrative agency
adjudications, agency findings are subject to judicial review to assure that they are supported by
substantial evidence. Substantial evidence is evidence which a reasonable mind would accept as
adequate to support a conclusion.” Cinram, 975 A.2d at 583 (citations omitted). Credibility
“determinations are within the exclusive province of the [WCJ] and findings of fact can be
overturned only if they are arbitrary and capricious.” Lehigh Cnty. Vo-Tech Sch. v. Workmen’s
Comp. Appeal Bd. (Wolfe), 652 A.2d 797, 800 (Pa. 1995) (Wolfe) (citations and footnote omitted).
12
In support, Claimant cited, inter alia, Morgan v. Giant Markets, Inc., 397 A.2d 415 (Pa.
1979); Metelo v. Workmen’s Comp. Appeal Bd. (Old Original Bookbinders Rest.), 642 A.2d 653
(Pa. Cmwlth. 1994); and Malecki v. Workers’ Comp. Appeal Bd. (Franklin Reg’l Sch. Dist.) (Pa.
Cmwlth., No. 582 C.D. 2020, filed Mar. 26, 2021), 2021 WL 1157693. A party may cite to an
unreported decision of this Court “for its persuasive value.” 210 Pa. Code § 69.414.
8
such pain, stopped work, and went to the hospital, where he was treated for a heart
attack. Id. at 10. Claimant reasons that notwithstanding equivocal medical
testimony, “the accepted factual testimony can establish the necessary causal
connection and relieve the injured worker of the burden of presenting unequivocal
medical testimony.” Id. at 11 (citations omitted). Claimant reiterates that when the
facts obviously establish a “causal connection between the work activity and the
heart attack, [his] testimony alone can establish causation.” Id. at 12 (citation
omitted).
Employer counters that the WCJ properly discredited Claimant’s
contradictory testimony and Dr. Solberg’s opinion, given his lack of “training,
expertise[,] or qualifications in treating cardiac conditions” and his failure to “review
the initial hospital records.” Employer’s Br. at 24, 27. In contrast, Employer notes
the WCJ credited Dr. Khandelwal, a board-certified cardiologist, who testified that
Claimant’s preexisting conditions caused his heart attack “24 to 48 hours before his
admission to the hospital.” Id. at 25. Employer argues that the “mere fact that
[C]laimant experienced symptoms of a heart attack at work, even while performing
his work activities, does not render those symptoms or the underlying cause of the
symptoms work-related.” Id. at 26-27 (noting Claimant’s admission that “he had
similar symptoms in the days prior to the date of injury”). Employer reiterates Dr.
Khandelwal’s testimony that less than 4% of heart attacks are due to “strenuous
physical activity,” and those generally “involve a normally sedentary person who
suddenly exerts himself far beyond his usual activity level.” Id. at 27. Employer
posits that Claimant, who performed demolition work daily, would not fall into that
category. Id.
9
B. Legal Standards
The Workers’ Compensation Act (Act)13 defines “injury” to mean “an
injury to a [claimant], regardless of his previous physical condition, arising in the
course of his employment and related thereto.” 77 P.S. § 411(1). A heart attack is
compensable only if it both (1) arises in the course of employment and (2) is related
thereto. Brody v. Workmen’s Comp. Appeal Bd. (Pa. Pub. Util. Comm’n), 588 A.2d
575, 577 (Pa. Cmwlth. 1991). A claimant establishes compensability by proving a
causal connection between the heart attack and the employment, which requires
more than “he was injured at work.” Cardyn v. Workmen’s Comp. Appeal Bd.
(Heppenstall), 534 A.2d 1389, 1390 (Pa. 1987) (emphasis in original). A “claimant
has the burden of proving a causal relationship between a work-related incident and
his alleged disability.” Lewis v. Commonwealth, 498 A.2d 800, 802 (Pa. 1985)
(citations omitted). When “no obvious causal connection” exists “between an injury
and the alleged cause,” unequivocal medical testimony must establish that
connection. Id. (citation omitted).
In this context, obviousness “involves a nexus that is so clear that an
untrained layperson would not have a problem in making the connection between
the injury and a disability.” Tobias v. Workmen’s Comp. Appeal Bd. (Nature’s Way
Nursery, Inc.), 595 A.2d 781, 784 (Pa. Cmwlth. 1991).14 Discerning obviousness
“often involves a ‘natural and probable’ development . . . and could sometimes
13
Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §§ 1-1041.4, 2501-2710. For ease, we
refer to the Act’s sections “only by their Purdon’s citation.” Herold v. Univ. of Pittsburgh, 329
A.3d 1159, 1166 n.1 (Pa. 2025).
14
Although “the connection between an ejaculatory dysfunction and a spinal cord injury is
perhaps obvious to the medical community because . . . this symptom is seen in approximately
90% of spinal cord injured men, the question is whether or not it is ‘obvious’ as applied to the
causation issue in” workers’ compensation. Tobias, 595 A.2d at 784 (emphases added). “‘Obvious’
in this latter setting involves a nexus that is so clear that an untrained layperson would not have a
problem in making the connection between the injury and a disability.” Id. (emphasis added).
10
involve an immediacy of occurrence such as an immediate back injury following
heavy lifting.” Id. at 784-85.
For example, a causal connection may be obvious when a claimant
experiences pain “at the point of force or strain.” Morgan, 397 A.2d at 416.15 Thus,
a claimant who had no prior back issues and who felt lower back pain while lifting
a heavy bag “did not need unequivocal medical evidence to establish that his injury
was work related.” Malecki, 2021 WL 1157693, at *6. “We have also held that
similar recognition must be given in cases where the disability is the natural and
probable consequence of an injury, although the disability is not immediately
manifested.” Metelo, 642 A.2d at 655 (citations omitted).16
But when the injury is a heart attack, we have required unequivocal
medical testimony connecting the injury to the work. Faust v. Workmen’s Comp.
Appeal Bd., 422 A.2d 1246 (Pa. Cmwlth. 1980) (addressing a police officer who died
of a heart attack at work, after arriving at the scene of an accident). In Faust, the
decedent’s family doctor had “testified that he did not know the cause of the
decedent’s death and made no conclusion as to whether the decedent had heart or
coronary disease, and further, he did not know what happened to the decedent.”
15
In Morgan, a delivery driver braced “his feet against the front interior of the truck” and
pushed a stack of empty pans toward the rear door, when his “lower back ‘gave-way’ and he
collapsed.” Morgan, 397 A.2d at 415-16. Because the driver presented no medical testimony, this
Court found no obvious causation connection “between the work incident and the injury.” Id. at
416. Morgan reversed this Court: “Where one is doing an act that requires force or strain and pain
is experienced at the point of force or strain, the injury may be found to have been established.
Pain is an excellent symptom of an injury. Of course, the trier of fact will determine the credibility
of the witness’s testimony as to the total situation.” Id.
16
Metelo addressed a busboy who contracted a disease while eating shellfish at his
employer’s restaurant. Metelo, 642 A.2d at 654. Metelo stated that although the disease “cannot
be said to immediately result from eating shellfish because manifestation of the illness requires an
incubation period, the causal relationship is nonetheless obvious where the overwhelming
evidence indicates that the disability is the natural and probable result of the exposure to the
disease.” Id. at 656 (footnote and citations omitted).
11
Faust, 422 A.2d at 1246. Faust held that absent “an obvious causal connection,
unequivocal medical testimony must be presented,” and found “a total failure in
establishing . . . the heart attack was causally connected to his employment.” Id.
(citation modified). Faust noted that the decedent’s high blood pressure, stoutness,
and prior complaint of “a vague amount of chest pain” made it “difficult to presume
an ‘obvious causal connection’” between his “employment and his heart attack.” Id.
at 1247 & n.2.
Additionally, prior complaints may reflect a claimant’s preexisting
condition rather than a new injury. See Hudack v. Workmen’s Comp. Appeal Bd., 379
A.2d 1074, 1075 (Pa. Cmwlth. 1977). In Hudack, a claimant had experienced chest
pains for two weeks before the day in question, which were later “diagnosed as
manifestations of a preexisting progressive heart disease . . . .” Id. While climbing
stairs at work, she “experienced a severe pain in her chest which required her to sit
down on the steps for about five minutes.” Id. She completed her shift, and nine
days later, a cardiologist examined her and concluded that she had suffered a heart
attack “at some time during the preceding two weeks.” Id.
The cardiologist testified that climbing “stairs is a typical form of effort
to cause pain in coronary disease and indeed with her, caused that pain.” Id. at 1076
(citation modified). But as to “whether or not the ‘pain’ experienced by the claimant
at work was the actual heart attack or simply a manifestation of the preexisting” heart
disease, the cardiologist testified that it was “impossible” to determine when the
heart attack occurred. Id. Hudack held that testimony was “not equivalent to
testimony that the claimant’s exertion at work caused the heart attack.” Id.
C. Discussion
Instantly, the issue is whether Claimant’s testimony alone sufficed or
12
whether Claimant also required expert medical testimony to establish that his work
activities caused his mid-shift heart attack. Compare Morgan, 397 A.2d at 416
(treating lower back pain at the time of the work incident as evidence of causation),
with Hudack, 379 A.2d at 1075-76 (evaluating chest pain before and at the time of
the work incident as evidence of causation).
Initially, we reject Claimant’s argument that his lay testimony of mid-
shift chest pain, by itself, proves causation without the need for expert testimony.
The WCJ had discredited his causation testimony and had credited expert testimony
that Claimant’s heart attack occurred before his shift, roughly one to two days before
his hospital visit. See WCJ Op. at 11-12; Khandelwal Dep. Tr. at 10, 14 (reflecting
cardiac enzymes consistent with a heart attack “well before his date of injury”), 26-
27. Unlike the Morgan and Malecki claimants, whose back pain at the point of strain
evidenced a new injury, Claimant felt mid-shift chest and arm pain that reflected a
pre-shift heart attack. See Morgan, 397 A.2d at 415-16; Malecki, 2021 WL 1157693,
at *6; Khandelwal Dep. Tr. at 10, 26-27. Metelo is similarly inapt as that addressed
a disease obviously caused by work exposure, i.e., eating the shellfish. See Metelo,
642 A.2d at 655-56. Thus, as the WCJ held, no comparable obvious causal
connection exists. WCJ Op. at 11.
Without an obvious causal connection, Claimant needed unequivocal
expert testimony. See Lewis, 498 A.2d at 802; Cardyn, 534 A.2d at 1390. But the
WCJ also discredited Dr. Solberg, who provided the only expert testimony
connecting Claimant’s heart attack to his work. See WCJ Op. at 12. In contrast, Dr.
Khandelwal attributed that heart attack to Claimant’s smoking and history of high
blood pressure and cholesterol. See Khandelwal Dep. Tr. at 15-16; Tr., 6/26/24, at
25. Claimant’s risk factors, like the Faust decedent’s risk factors of prior chest pain,
13
high blood pressure, and stoutness, undermine any presumption of an obvious causal
connection between the work incident and Claimant’s heart attack. See Faust, 422
A.2d at 1246-47 & n.2. Thus, as in Faust, Claimant did not provide credited
unequivocal expert testimony connecting his heart attack to his work. See id.
Claimant’s heart attack, like the Hudack claimant’s, also followed prior
chest pain: the Hudack claimant had chest pains for two weeks before her work
incident. See Hudack, 379 A.2d at 1075; Khandelwal Dep. Tr. at 10; Claimant Dep.
Tr. at 6. Although Claimant had denied prior chest pain, the WCJ discredited his
testimony in favor of Dr. Khandelwal’s testimony. Claimant Dep. Tr. at 7, 26; WCJ
Op. at 11. Unlike the Hudack cardiologist, who could not opine on whether the
claimant’s pain while climbing stairs was the heart attack itself, Dr. Khandelwal
opined that Claimant’s heart attack occurred before his shift. See Hudack, 379 A.2d
at 1076; Khandelwal Dep. Tr. at 26-27. Thus, based on the credited testimony,
Claimant failed to prove an obvious causal connection between his work and his
heart attack and, therefore, could not prove compensability. See Lewis, 498 A.2d at
802; Brody, 588 A.2d at 577.
IV. CONCLUSION
Accordingly, we affirm. At bottom, the issue is whether Claimant
suffered a heart attack before or during his overnight shift. The credited medical
evidence established that Claimant had a heart attack before his overnight shift.
LORI A. DUMAS, Judge
14
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Angel Torres, :
Petitioner :
: No. 958 C.D. 2025
v. :
:
The Giant Company, LLC (Workers’ :
Compensation Appeal Board), :
Respondent :
ORDER
AND NOW, this 26th day of October, 2026, we AFFIRM the order of
the Workers’ Compensation Appeal Board, entered on July 2, 2025.
LORI A. DUMAS, Judge