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FINCH v. JONES & LAUGHLIN STEEL CORPORATION. (06/13/62)

June 13, 1962

FINCH, APPELLANT,
v.
JONES & LAUGHLIN STEEL CORPORATION.



Appeal, No. 146, April T., 1962, from order of County Court of Allegheny County, no. A-1454 of 1961, in case of Royal Finch v. Jones & Laughlin Steel Corporation. Order affirmed.

COUNSEL

Emil W. Herman, with him Rothman, Gordon and Foreman, for appellant.

Robert H. Strub, for appellee.

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

Author: Wright

[ 198 Pa. Super. Page 390]

OPINION BY WRIGHT, J.

This is a workmen's compensation case. We are here concerned with an appeal by claimant from an order of the County Court of Allegheny County affirming an award made by the Workmen's Compensation Board for partial disability on a fifty percent basis. It is claimant's position that he is entitled to compensation for total disability.

Royal W. Finch was employed as a laborer by the Jones and Laughlin Steel Corporation. On July 26, 1954, he filed a claim petition alleging total disability

[ 198 Pa. Super. Page 391]

    from February 20, 1954, as the result of an alleged accident on December 29, 1953, described as follows: "Pushing huge steel door, slipped on soft place injuring back". The employer filed an answer denying the accident, the injury, and the disability. There were two hearings before the Referee. The medical witnesses were Dr. H. R. Decker for the claimant and Dr. Benjamin L. Jones for the employer. We will not burden this opinion with a detailed analysis of the evidence. It should perhaps be noted that appellant's injury was entirely muscular in nature, and that he did not suffer any damage to the bone structure. On July 26, 1955, the Referee made an award for forty percent partial disability to October 27, 1954, twenty-five percent partial disability to May 9, 1955, and fifteen percent partial disability thereafter. Upon appeal by claimant to the Workmen's Compensation Board, the award of the Referee was affirmed, December 28, 1955.

Claimant thereafter, May 15, 1957, filed a petition to modify on the ground that his disability had increased to total. There were two hearings on this petition. Dr. Samuel J. Rosen testified for the claimant as follows: "I would venture an estimate of sixty to seventy-five percent overall total and permanent disability". For the employer, Dr. Charles W. Vates, Jr., testified that claimant had a simple strain of the lower back, chronic in nature, and that his disability was approximately fifteen percent partial. Dr. Benjamin L. Jones testified that claimant's disability was only ten percent partial. On June 3, 1958, the Referee made an award on the basis of thirty percent partial disability from March 15, 1957. Upon appeal, this time by the employer, to the Workmen's Compensation Board, the award of the Referee was affirmed, October 29, 1958.

The instant proceeding had its inception in a second modification petition filed by the claimant on December 21, 1959, in which he ...


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