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GROSJEAN v. MURRELL ET AL. (06/11/57)

June 11, 1957

GROSJEAN
v.
MURRELL ET AL., APPELLANTS.



Appeal, No. 123, April T., 1956, from order of Allegheny County Court, 1955, No. A-1519, in case of William J. Grosjean v. D. N. Murrell and Massachusetts Bonding & Insurance Company. Order set aside.

COUNSEL

Dail E. Sloan, with him James J. Burns, Jr., for appellants.

Sam R. Keller, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Woodside

[ 183 Pa. Super. Page 531]

OPINION BY WOODSIDE, J.

This is an appeal from the order of the County Court of Allegheny County affirming an order of the Workmen's Compensation Board, directing compensation be paid the claimant on the basis of total disability instead of 75% partial disability, for which an award had previously been made.

The claimant incurred head and back injuries in a street-car accident in 1936. For these injuries he received

[ 183 Pa. Super. Page 532]

    compensation on the basis of total disability for the maximum statutory period of 500 weeks ending October 30, 1944.

On December 4, 1947 he suffered injuries to his back, head and other parts of his body when he was thrown from a truck on to the highway, and knocked unconscious.

He filed a claim to recover workmen's compensation for these injuries. The defendant and his insurance carrier contended that the claimant's disability was partially attributable to the 1936 street-car accident. The Workmen's Compensation Referee found in the claimant's favor and awarded compensation on the basis of 75% partial disability. He found that the street-car accident in 1936 did not contribute to the disability which the claimant was then suffering. Upon appeal, the referee's findings and order were affirmed by the Workmen's Compensation Board, and its order was subsequently affirmed by the County Court of Allegheny County, from which no further appeal was taken.

On September 8, 1953, the claimant filed a petition seeking to change his disability from 75% partial to total. At the hearing on this petition the defendant and his insurance carrier again contended that the claimant's disability was caused, at least in part, by the 1936 accident. The referee awarded compensation for total disability. Upon appeal the board approved the ...


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