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CHRISTENSEN v. RUST ENGINEERING COMPANY. (03/18/59)

March 18, 1959

CHRISTENSEN, APPELLANT,
v.
RUST ENGINEERING COMPANY.



Appeal, No. 24, Oct. T., 1959, from order of Court of Common Pleas of Elk County, Feb. T., 1958, No. 11, in case of Norman Christensen v. Rust Engineering Company. Order affirmed.

COUNSEL

C. Henry Nicholson, for appellant.

Francis S. McQuilkin, for appellee.

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

Author: Watkins

[ 189 Pa. Super. Page 89]

OPINION BY WATKINS, J.

This is an appeal in a workmen's compensation case from the order of the Court of Common Pleas of Elk County, affirming the determination of the Workmen's Compensation Board that the disability of the claimant, Norman Christensen, terminated as of February 4, 1954.

The claimant, while employed in construction work on February 9, 1953, by the employer appellee, Rust Engineering Company, sustained an electric shock and fell from a ladder to the ground eighteen feet below and so suffered concussion and lacerations about the head.

The parties executed a compensation agreement providing for total disability. Payments began on February 17, 1953. By a supplemental agreement it was concluded that the claimant's disability had terminated on March 30, 1953, when he returned to work, but had recurred on May 9, 1953, from which date the employer agreed to pay total disability for an undetermined number of weeks.

The employer filed a petition for modification of this agreement on October 21, 1953, and the referee found the claimant to be 30% disabled. On appeal to the board, the record was remanded to the referee for an examination of the claimant by an impartial physician.

After hearing the testimony of the impartial physician, the referee decided that the claimant was fully recovered. On appeal, the board again remanded the record to the referee, for the purpose of taking the testimony of a physician called by the claimant in the prior hearing, whose testimony the referee had refused to hear.

[ 189 Pa. Super. Page 90]

After the final hearing the referee treated the petition for modification as a petition for termination and held that the claimant's disability, as the result of the accident, ceased on February 4, 1954. The Workmen's Compensation Board sustained this decision of the referee and ...


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