Appeal, No. 239, April T., 1960, from order of Court of Common Pleas of Somerset County, No. 441 C.D. Term, 1960, in case of Paul E. Enos v. Terrance L. Walter et al. Order affirmed.
James F. Manley, with him Robert C. Little, and Burns & Manley, for appellants.
Henry G. Gress, for appellee.
Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ.
[ 194 Pa. Super. Page 54]
We are here concerned with the interpretation and application of several sections of the Workmen's Compensation Act.*fn1 The question before us is whether a petition filed by claimant on May 12, 1958, is to be considered as an original claim petition, and therefore barred by the sixteen month time limitation in Section 315, or whether it may be considered as a petition for review and reinstatement of an agreement, and therefore timely under the two year limitation in Section
[ 194 Pa. Super. Page 55413]
. Adopting the latter view, the Referee made an award, but suspended payments thereunder so long "as the claimant continues to receive a weekly wage equivalent to the weekly wage he received as of the time of his accident, or until his disability ceases". The Workmen's Compensation Board and the court below affirmed. This appeal followed.
On May 14, 1956, while Paul E. Enos, claimant, was engaged in cleaning over-head lights in Somerset Township, Somerset County, pursuant to his usual duties with his employer, Terrance L. Walter, the ladder on which claimant was standing slipped, causing him to fall. As a result, claimant's right arm and wrist were sprained, his right shoulder dislocated, and he was hospitalized. Claimant returned to work on May 21, 1956, but was compelled to cease work on June 1, 1956, because of the condition of his arm. After further treatment, he again returned to work on August 10, 1956, and continued until the employer went out of business. Claimant then secured work at the Beacon Service Station, where he is presently employed at a weekly wage equal to that he was formerly receiving. However, he still has limitation of extension and flexion in the arm, allegedly a permanent condition. A compensation agreement, No. B-565,437, was prepared by the insurance carrier under date of July 2, 1956. This agreement was signed by the employer, but not by the claimant. Nevertheless, compensation was paid to claimant at the rate of $28.56 per week beginning May 14, 1956, and ending August 10, 1956. Claimant thereafter refused to sign a final receipt.
The petition presently under consideration is captioned as follows: "Petition for review of compensation agreement and for allowance of compensation because of continued disability". Counsel for appellants moved to dismiss the petition on the ground that, not
[ 194 Pa. Super. Page 56]
having been signed by claimant, the compensation agreement was null and void. Claimant filed an answer alleging that the agreement "was accepted by all the parties", and that appellants "are estopped by their own acts from denying such arrangement and are responsible for the injuries resulting from the accident of May 14, 1956". To this answer, counsel for appellants filed a reply pleading the sixteen month time limitation. The referee concluded, inter alia: "That since the parties agreed upon the compensation payable to the claimant for disability resulting from his accidental injuries, and since compensation was paid to the claimant, and further that since this petition was filed within the ...