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BUN v. CENTRAL PENNSYLVANIA QUARRY (04/13/61)

April 13, 1961

BUN
v.
CENTRAL PENNSYLVANIA QUARRY, STRIPPING & CONSTRUCTION CO., APPELLANT.



Appeal, No. 40, Oct. T., 1961, from judgment of Court of Common Pleas No. 5 of Philadelphia County, June T., 1960, No. 3862, in case of Wasyl Bun v. Central Pennsylvania Quarry, Stripping & Construction Co. Appeal dismissed, record remitted for entry of judgment, and, as so entered, judgment affirmed.

COUNSEL

John H. Bigelow, with him Francis Hopkinson, for appellant.

Frank Kingston Smith, with him Hamilton and Darmopray, for appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Wright

[ 194 Pa. Super. Page 631]

OPINION BY WRIGHT, J.

This is a workmen's compensation case. The Referee granted claimant's petition to set aside a final receipt, and made an award. The decision of the Referee was affirmed by the Board, and the decision of the Board was affirmed by the Court of Common Pleas. The employer has appealed.

On August 30, 1956, Wasyl Bun was employed by the Central Pennsylvania Quarry, Stripping & Construction Company of Hazelton, Pennsylvania, as a common laborer on a road construction job in Franklin Township, Carbon County.While so employed, and in the course of his employment, Bun was unloading steel forms from a truck. He stepped on a loose stone, lost his balance, and sustained injuries to his lower back. On September 2, 1956, Bun was admitted to the St. Joseph Hospital in Hazelton under the care of Dr. Herman Feussner. On September 10, 1956, Bun was released from the St. Joseph Hospital, although remaining under the care of Dr. Feussner, and returned to his home in Philadelphia. On October 17, 1956, Bun and his employer entered into compensation agreement No. 6,611,061, calling for the payment of compensation for total disability.

Bun's physical condition did not improve and, early in February, 1957, with the approval of Dr. Feussner, Bun consulted Dr. Taras Rybachuk, a physician of his ethnic group.*fn1 On February 9, 1957, upon

[ 194 Pa. Super. Page 632]

    the authorization of Dr. Rybachuk, Bun was admitted to the Germantown Hospital, where he was examined by Dr. Melvin N. Wood. On February 22, 1957, Dr. Wood performed a laminectomy. Although not material so far as this appeal is concerned, we note for the sake of completeness that, on March 8, 1957, Dr. John J. Joyce operated upon a ganglion in Bun's right elbow. Bun was discharged from the Germantown Hospital on March 16, 1957. On July 15, 1957, he signed a final settlement receipt which set forth payment of compensation in total sum of $1,591.07, and stated that the amount expanded for medical services, etcetera, was $1,912.35.

On June 24, 1958, Bun presented a petition to set aside the final receipt under the provisions of Section 434 of The Pennsylvania Workmen's Compensation Act of June 2, 1915, P.L. 736, as amended, 77 P.S. 1 et seq. This petition alleged that the receipt "was prematurely signed by the illiterate employe who is again hospitalized as result of the above injury and has been unable to work since the date of the injury". The employer filed an answer denying that the receipt was prematurely signed, and alleging that Bun "thoroughly understood the nature and character of the final receipt". The answer also contained the following averment: "Whatever physical injury is suffered by the claimant was not associated with or derived from his employment with defendant".

At the hearing before Referee Alessandroni on September 16, 1959, it was stipulated by counsel, inter alia, that Bun's compensation had been terminated by reason of a report to the employer from Dr. Wood. It appears that, at the direction of Dr. Wood, Bun returned to the Germantown Hospital for a period of approximately three weeks in May, 1958, and that Dr. Wood ...


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