Johnson Service Group, Inc. v. Fitzrupert Dowridge (WCAB)
CourtCommonwealth Court of Pennsylvania
Date FiledNovember 6, 2026
Docket845 C.D. 2025
JudgeCovey
StatusPublished
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Full Opinion
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Johnson Service Group, Inc., :
Petitioner :
:
v. :
:
Fitzrupert Dowridge (Workers’ :
Compensation Appeal Board), : No. 845 C.D. 2025
Respondent : Argued: October 13, 2026
BEFORE: HONORABLE ANNE E. COVEY, Judge
HONORABLE STACY WALLACE, Judge
HONORABLE MARY HANNAH LEAVITT, Senior Judge
OPINION BY
JUDGE COVEY FILED: November 6, 2026
Johnson Service Group, Inc. (Employer) petitions this Court for review
of the Workers’ Compensation (WC) Appeal Board’s (Board) June 12, 2025 order
affirming the WC Judge’s (WCJ) remand decision (Remand Decision) that granted
Fitzrupert Dowridge’s (Claimant) Claim Petition for WC (Claim Petition), and the
Board’s January 10, 2024 order affirming the WCJ’s decision that awarded specific
loss and healing period benefits, affirmed the denial of total disability benefits for
injuries separate and apart, and remanded for reconsideration of an award of benefits
for disfigurement. Employer presents three issues for this Court’s review: (1)
whether the WCJ’s Remand Decision is well reasoned or supported by substantial
evidence; (2) whether the WCJ erred by awarding specific loss benefits for vision
loss for Claimant’s right eye (275 weeks plus a 10-week healing period); and (3)
whether the WCJ and the Board erred by failing to address and adopt Employer’s
argument that, in the alternative, any vision loss award should be apportioned to 10%
of 275 weeks - to at most, 27.5 weeks - because Claimant had less than 10% vision
in his right eye prior to his work injury.1 After review, this Court affirms.
On November 1, 2021, Claimant filed the Claim Petition, therein
alleging that he suffered an injury on September 3, 2021, while in the course and
scope of his employment with Employer. Employer responded, inter alia, that
Claimant did not sustain his injury in the course and scope of his employment. The
WCJ conducted hearings on November 24, 2021, February 23 and September 14,
2022. On November 15, 2022, the WCJ granted the Claim Petition. The WCJ
determined that Claimant lost the use of his right eye for all practical intents and
purposes, and his right eye does not contribute materially to his vision in conjunction
with the use of his left eye. The WCJ further ruled that Claimant sustained a
disfigurement of his right eye; however, the WCJ did not find a permanent and
unsightly facial scar. Accordingly, the WCJ awarded specific loss benefits for 275
weeks, a healing period of 10 weeks, and 50 weeks of benefits for disfigurement of
the right eye.
Employer appealed to the Board, which affirmed the WCJ’s decision to
the extent that the WCJ awarded specific loss and healing period benefits, denied
total disability benefits for injuries separate and apart, and remanded the matter to
the WCJ for reconsideration regarding the disfigurement benefits award. The WCJ
conducted a remand hearing on February 29, 2024. The WCJ issued the Remand
Decision on April 5, 2024, wherein she again determined that Claimant had
sustained a right eye disfigurement and again awarded 50 weeks of disfigurement
benefits. Employer appealed to the Board. On June 12, 2025, the Board affirmed
the WCJ’s Remand Decision. Employer appealed to this Court.2
1
This Court has reordered Employer’s issues for ease of discussion.
2
“[This Court’s] review determines whether there has been a violation of constitutional
rights, whether errors of law have been committed, whether [B]oard procedures were violated, or
2
Employer argues that the WCJ’s Remand Decision is without rationale,
is not well reasoned or supported by substantial evidence because the WCJ
inaccurately summarized Claimant’s testimony on his vision loss allegations after
finding as fact that Claimant lied four times under oath about his preexisting right
eye vision loss, and her finding that Claimant’s testimony was credible despite that
he fraudulently misled the tribunal about his preexisting vision problems. Claimant
rejoins that the WCJ’s Remand Decision is supported by substantial evidence
because Claimant’s medical expert, Omesh Gupta, M.D. (Dr. Gupta), and
Employer’s medical expert, Madhura A. Tamhankar, M.D. (Dr. Tamhankar),
testified that Claimant had a complete, permanent vision loss and loss of use of the
right eye for all intents and purposes caused by his work injury on September 3,
2021.
Section 422(a) of the WC Act (Act)3 mandates:
Neither the [B]oard nor any of its members nor any [WCJ]
shall be bound by the common law or statutory rules of
evidence in conducting any hearing or investigation, but
all findings of fact shall be based upon sufficient
competent evidence to justify same. All parties to an
adjudicatory proceeding are entitled to a reasoned decision
containing findings of fact and conclusions of law based
upon the evidence as a whole which clearly and concisely
states and explains the rationale for the decisions so that
all can determine why and how a particular result was
reached. The [WCJ] shall specify the evidence upon
which the [WCJ] relies and state the reasons for accepting
it in conformity with [Section 422(a) of the Act]. When
faced with conflicting evidence, the [WCJ] must
adequately explain the reasons for rejecting or discrediting
whether necessary findings of fact are supported by substantial evidence.” Dura-Bond Coating,
Inc. v. Marshall (Workers’ Comp. Appeal Bd.), 328 A.3d 559, 563 n.9 (Pa. Cmwlth. 2024) (quoting
Bryn Mawr Landscaping Co. v. Workers’ Comp. Appeal Bd. (Cruz-Tenorio), 219 A.3d 1244, 1252
n.5 (Pa. Cmwlth. 2019)).
3
Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §§ 1-1041.4, 2501-2710.
3
competent evidence. Uncontroverted evidence may not be
rejected for no reason or for an irrational reason; the
[WCJ] must identify that evidence and explain adequately
the reasons for its rejection. The adjudication shall
provide the basis for meaningful appellate review.
77 P.S. § 834.
This Court has explained:
On appeal, neither the Board nor this Court may
reweigh the evidence or the WCJ’s credibility
determinations, see Sell v. Workers’ Comp. Appeal Bd.
(LNP Eng’g), . . . 771 A.2d 1246 ([Pa.] 2001), and “[t]he
WCJ’s findings will not be disturbed if they are supported
by substantial, competent evidence.” Rogele, Inc. v.
Workers’ Comp. Appeal Bd. (Hall), 198 A.3d 1195, 1204
(Pa. Cmwlth. 2018) (quoting Stepp v. Workers’ Comp.
Appeal Bd. (FairPoint Commc’ns, Inc.), 99 A.3d 598, 601
n.6 (Pa. Cmwlth. 2014)). “Substantial evidence . . . [i]s
such relevant evidence as a reasonable mind might accept
as adequate to support a conclusion.” Aqua Am., Inc. v.
Workers’ Comp. Appeal Bd. (Jeffers), 199 A.3d 482, 486
(Pa. Cmwlth. 2018) (quoting Gibson v. Workers’ Comp.
Appeal Bd. (Armco Stainless & Alloy Prods.), . . . 861
A.2d 938, 943 ([Pa.] 2004)).
City of Phila. v. Healey (Workers’ Comp. Appeal Bd.), 297 A.3d 872, 882-83 (Pa.
Cmwlth. 2023) (footnote omitted; emphasis added).
Further,
[i]n reviewing the WCJ’s credibility and evidentiary
determinations, “[i]t is irrelevant whether the record
contains evidence to support findings other than those
made by the WCJ; the critical inquiry is whether there
is evidence to support the findings actually made.”
Furnari v. Workers’ Comp. Appeal Bd. (Temple Inland),
90 A.3d 53, 60 (Pa. Cmwlth. 2014) (citation omitted).
Thus, this Court’s authority in these matters is limited to
reviewing the entire record to see if it contains evidence
that a reasonable person might find sufficient to support
the WCJ’s findings. Id. If the record contains such
evidence, the findings must be upheld, even though the
record may contain conflicting evidence. Id.
4
Healey, 297 A.3d at 883 (emphasis added) (quoting Dep’t of Corr. - SCI Chester v.
Faison (Workers’ Comp. Appeal Bd.), 266 A.3d 714, 736 (Pa. Cmwlth. 2021)).
Here, the WCJ determined:
Claimant is credible to an extent. He’s credible with
respect to the occurrence of the work injury because no
evidence persuasively refuted his experience of a fall and
because he maintained a composed demeanor during his
testimonies at hearings with the [WCJ]. He’s credible
with respect to his furtherance of [Employer’s] business or
affairs at the time of the work injury on the basis of his
composed demeanor during testimonies at hearings with
the judge. He’s credible with respect to his timely and
adequate notice of the injuries to his eye and forehead
because [Amanda] Baden[, Employer’s safety risk
manager,] substantiated the report of [] Claimant’s injury
on September 3, 2021. He’s credible with respect to his
“blurry” vision from the left eye and problems with it at
the time of his initial testimony because [Dr. Gupta] and
[Dr. Tamhankar] substantiated that, before [] Claimant’s
cataract surgery on the left eye. He’s credible about his
lack of capability for the performance of his pre-injury job
because Dr. Gupta substantiated that.
[] Claimant wasn’t credible with respect to his fine vision
in the right eye before the alleged work injury.
WCJ Remand Dec. at 14.
“The WCJ is free to accept or reject the testimony of any witness,
including medical witnesses, in whole or in part.” Lebanon Transit v. Schaeffer
(Workers’ Comp. Appeal Bd.), 341 A.3d 203, 209 (Pa. Cmwlth. 2025). Here, the
WCJ accepted Claimant’s testimony relative to his injury, notice thereof, and pre-
injury blurry vision in his right eye. The WCJ rejected Claimant’s testimony
concerning his pre-injury fine vision in his right eye.
5
Relative to Claimant’s right eye pre-injury, Dr. Gupta testified:
Q You would agree with me, however, that his right eye
vision before the work injury did not materially contribute
to his overall vision. Can we agree on that at least?
A Before the injury?
Q Yes.
A He was [20/200] in his right eye before the injury.
Q So you would agree, at [20/200] that’s not materially
contributing to his overall vision, is it?
A I don’t know what that means. Can you define
materially contributing?
Q I can only speak in English, Doctor, and I’m using the
relative English language. Do you think that the eye with
a visual acuity of 20/200, materially contributes to one’s
overall vision, such as [] [C]laimant?
A So if I were to reword, and please correct me if this is
not what you mean, but you use the word materially
contribute, to me means does it help with the overall visual
function of the patient? If somebody has [20/200] vision,
there are some functions that the patient can have with
[20/200] vision in terms of assessing one’s surroundings
and their ability to function.
Q I think, Doctor, you would agree that it’s not
substantially contributing to his visual acuity or his
overall vision, correct?
A It depends on what the other eye’s vision is. If the left
eye vision is poor, and the right eye vision is stronger, than
it would contribute quite a bit. If the left eye vision is
excellent, and the right eye vision is poor, than, yes, the
materialistic contribution is pretty small. In [Claimant’s]
case, the left eye vision was not excellent, so the right
eye vision does help him with what’s called
stereoscopic or binocular function because the two eyes
function together.
Reproduced Record (R.R.) at 224a-225a (emphasis added).
6
Similarly, Dr. Tamhankar related:
Q. Before the injury. And I think you might have
answered that already today for us, but what’s your
opinion? Was the right eye better than the left eye or
worse than the right eye before the injury?
A. The right eye was seeing better than the left eye, so
even though [Claimant] was legally blind, he was
depending on his right eye and therefore in that sense
it was materially contributing to his vision before the
injury.
R.R. at 299a (emphasis added).
With respect to Claimant’s right eye, post-injury, Dr. Gupta testified:
Q Doctor, with regard to the right eye, you gave us a four-
or five-prong diagnosis of what happened to [Claimant’s]
right eye, including the ruptured globe. Did [] [C]laimant
recover from any of the diagnoses that you gave us on
direct examination? I will start with the choroidal
detachment. I think you said that was fixed, correct?
A Correct.
Q [Claimant’s] recovered from that particular detachment;
is that correct?
A Yes.
Q The retinal detachment, although you helped him the
best you could, your opinion is that [surgery] did not bring
back much of his vision?
A That is correct.
Q Would you say after the retinal detachment surgery that
his vision is better, worse, or the same as prior to the injury
when he was characterized as legally blind?
A It is now worse.
Q Is there a degree of being worse, meaning, I think you
characterized him as [20/200] before the work injury. Is it
much worse, can you characterize it better for us, if you
can?
7
A Yes. It is significantly worse. He was able to read the
eye chart before the injury at [20/200]. On my
examination and the subsequent examination by the
expert’s report, he could see light at my examination in
April of 2022, and in May of 2022[,] he could not see
light at all.
Q Now, is it your opinion, Doctor, that [] [C]laimant’s
vision will not improve as time goes on?
A Yes.
R.R. at 228a-229a (emphasis added).
With respect to Claimant’s right eye, post-injury, Dr. Tamhankar
related:
Q. Dr. Tamhankar, with regard to your paragraph on page
two in which you set forth your opinions about
[Claimant’s] right eye, do you relate your diagnosis and
opinions about his right eye to his work fall on September
3, 2021?
A. Yes.
Q. We have a legal phrase that we use, loss of use for all
practical intents and purposes. Do you understand that
phrase?
A. Yes.
Q. Do you believe that [Claimant] with regard to his
right eye, has lost the use of his right eye for all intents
and purposes?
A. Yes.
R.R. at 303a (emphasis added).
Based on the above testimony, the WCJ concluded:
For a specific loss of the eye, [] Claimant has the burden
of proving that the injured eye was lost for all practical
intents and purposes and [] Claimant sustained that burden
and established his right to [WC] benefits for the loss of
the right eye, in accordance with the terms of the . . . Act.
8
The ultimate test is whether the injured eye was lost for all
practical intents and purposes, not whether [] Claimant has
vision in the injured eye. If so, compensation follows. In
facilitation of the application of the ultimate test, a further
standard has been adopted: Compensation may not be had,
if using both eyes, [] Claimant can see better, in general,
than by using the uninjured eye alone; or as otherwise
stated, if the use of the injured eye does not contribute
materially to [] Claimant’s vision in conjunction with the
use of the normal eye. [] Claimant sustained his burden
and established that [] Claimant can’t see better with the
use of both eyes than the use of the uninjured eye alone
and that the use of the injured eye doesn’t contribute
materially to [] Claimant’s vision in conjunction with the
use of the normal eye.
WCJ Remand Dec. at 16 (citations omitted). This Court discerns no error in the
WCJ’s Remand Decision. Because the WCJ explained her credibility
determinations, and Dr. Gupta’s and Dr. Tamhankar’s testimony supports the
Remand Decision, the WCJ’s Remand Decision is well reasoned and supported by
substantial evidence.
Employer also argues that the Board and the WCJ erred by awarding
specific loss benefits for vision loss for Claimant’s right eye (275 weeks plus a 10-
week healing period) because Claimant was legally blind in that eye with only
20/200 vision before the alleged work incident. Employer contends that since
Claimant did not have an otherwise healthy eye and the injury did not eliminate
vision for all practical purposes there could be no specific loss of vision as defined
by the Act and case law. Claimant rejoins that the relevant case law simply states
that a claimant must demonstrate that the injured eye does not contribute materially
to the claimant’s vision in conjunction with the use of the uninjured eye.
Section 306(c) of the Act provides, in relevant part:
For all disability resulting from permanent injuries of the
following classes, the compensation shall be exclusively
as follows:
9
....
(7) For the loss of an eye, [66 2/3%] of wages during [275]
weeks.
....
(22) For serious and permanent disfigurement of the head,
neck[,] or face, of such a character as to produce an
unsightly appearance, and such as is not usually incident
to the employment, [66 2/3%] of wages not to exceed
[275] weeks.
....
(25) In addition to the payments herein before provided for
permanent injuries of the classes specified, any period of
disability necessary and required as a healing period shall
be compensated in accordance with the provisions of this
subsection. The healing period shall end (I) when the
claimant returns to employment without impairment in
earnings, or (II) on the last day of the period specified in
the following table, whichever is the earlier:
....
For the loss of an eye, [10] weeks.
77 P.S. § 513.
[P]ursuant to Section 306(c) of the [Act,] [w]here . . . the
eye has been injured but not destroyed, the test to
determine whether compensation should be awarded is
whether the eye was lost for all intents and purposes.
Rohm and Haas v. Workmen’s Comp[.] Appeal [Bd.], . . .
414 A.2d 163 ([Pa. Cmwlth.] 1980). Loss for all intents
and purposes will be found where the injured eye does
not contribute materially to the claimant’s vision in
conjunction with the use of the uninjured eye. Id.
Scapellato v. Workmen’s Comp. Appeal Bd. (Guardian Indus. Corp.), 671 A.2d
1196, 1197 n.2 (Pa. Cmwlth. 1996) (emphasis added); see also Travato v. Citizens
Fin. Grp. (Workers’ Comp. Appeal Bd.) (Pa. Cmwlth. No. 1263 C.D. 2021, filed
Aug. 29, 2022), slip op. at 8 (“To meet this burden, [the c]laimant [is] required to
10
show that his vision is not improved when using both eyes as opposed to just the
uninjured eye and the use of the injured eye does not contribute materially to his
overall vision in conjunction with the use of the normal eye.”).4
Here, the WCJ concluded: “Claimant sustained his burden and
established that [he] can’t see better with the use of both eyes than the use of the
uninjured eye alone and that the use of the uninjured eye doesn’t contribute
materially to [] Claimant’s vision in conjunction with the use of the normal eye.”
WCJ Remand Dec. at 16. Accordingly, the WCJ did not err by awarding specific
loss benefits for the vision loss Claimant sustained in his right eye. See Travato;
Scapellato.
Lastly, Employer argues that the WCJ and the Board erred by failing to
address and adopt Employer’s alternative argument that any vision loss award
should be apportioned to 10% of 275 weeks - to, at most, 27.5 weeks - because
Claimant had less than 10% vision in his right eye prior to his work injury and lost
1/10th of his overall vision as a result of the work incident, and by failing to tailor
the award to reflect the actual vision loss that the pre-injury, legally-blind Claimant
could relate to the work incident. Employer contends that an award of 27.5 weeks
makes Claimant whole as to the specific vision he lost after the work accident.
Claimant rejoins that there is no support in the Act or case law for Employer’s
proposed award structure. Claimant maintains that the relevant case law simply
states that a claimant must demonstrate that the injured eye does not contribute
materially to Claimant’s vision in conjunction with the use of the uninjured eye.
4
This Court’s unreported memorandum opinions filed after January 15, 2008, may be cited
“for [their] persuasive value, but not as binding precedent.” Section 414(a) of the Commonwealth
Court’s Internal Operating Procedures, 210 Pa. Code § 69.414(a). Travato is cited for its
persuasive value.
11
The Pennsylvania Supreme Court (Supreme Court) has held:
[I]t is well settled that a[] [petitioner] bears the burden of
sufficiently developing his arguments to facilitate
appellate review. See Wirth v. Commonwealth, . . . 95
A.3d 822, 837 ([Pa.] 2014). “[O]ur rules of appellate
procedure are explicit that the argument contained within
a brief must contain ‘such discussion and citation of
authorities as are deemed pertinent.’” Id., quoting
Pa.R.A.P. 2119(a). “Where an appellate brief fails to
provide any discussion of a claim with citation to relevant
authority or fails to develop the issue in any other
meaningful fashion capable of review, that claim is
waived. It is not the obligation of an appellate court to
formulate [a] [petitioner’s] arguments for him.” Banfield
v. Cortés, . . . 110 A.3d 155, 168 n.11 ([Pa.] 2015)
(alteration in original), quoting Wirth, 95 A.3d at 837; see
Samuel-Bassett v. Kia Motors Am[.], Inc., . . . 34 A.3d 1,
29 ([Pa.] 2011) (a litigant’s “failure to develop the claim
in any meaningful fashion . . . so as to allow for appellate
review [is] a sufficient basis in itself to reject the
argument”) (citation omitted). Indeed, [the Supreme
Court] [is] “neither obliged, nor even particularly
equipped, to develop an argument for a party. To do so
places the [Supreme] Court in the conflicting roles of
advocate and neutral arbiter. The [Supreme] Court is left
to guess at the actual complaint that is intended by the
party.” Commonwealth v. Williams, . . . 782 A.2d 517, 532
([Pa.] 2001) (Castille, J., concurring).
Commonwealth v. Armolt, 294 A.3d 364, 376-77 (Pa. 2023) (emphasis omitted).
Here, Employer’s entire argument consists of one paragraph that did
not include any citations to relevant authority. See Armolt. Further, Employer failed
to develop the issue in any other meaningful fashion capable of review. See id.
Accordingly, because Employer failed to develop a supported legal argument or cite
legal authority, Employer waived this issue.
12
For all of the above reasons, the Board’s orders are affirmed.
_________________________________
ANNE E. COVEY, Judge
13
IN THE COMMONWEALTH COURT OF PENNSYLVANIA
Johnson Service Group, Inc., :
Petitioner :
:
v. :
:
Fitzrupert Dowridge (Workers’ :
Compensation Appeal Board), : No. 845 C.D. 2025
Respondent :
ORDER
AND NOW, this 6th day of November, 2026, the Workers’
Compensation Appeal Board’s June 12, 2025 and January 10, 2024 orders are
affirmed.
_________________________________
ANNE E. COVEY, Judge