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DIXON v. SHAPIRO. (06/11/64)

June 11, 1964

DIXON, APPELLANT
v.
SHAPIRO.



Appeal, No. 22, Oct. T., 1964, from order of Court of Common Pleas No. 2 of Philadelphia County, Dec. T., 1961, No. 4420, in case of Robert Lee Dixon v. Sol Shapiro et al. Order affirmed.

COUNSEL

Jacob J. Kilimnik, with him Joseph A. McNeal, for appellant.

Raymond J. Porreca, for appellees.

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

Author: Watkins

[ 203 Pa. Super. Page 536]

OPINION BY WATKINS, J.

This is an appeal from a decision of the Court of Common Pleas No. 2 of Philadelphia County affirming

[ 203 Pa. Super. Page 537]

    the decision of the Workment's Compensation Board. The claimant, Robert Lee Dixon, suffered an accident in the course of his employment on June 23, 1957. He was riding the truck of his employer; the truck stopped, and a box weighing approximately 100 pounds started to fall; the claimant grabbed the same and fell off the truck, sustaining multiple contusions of the left elbow, chest, abdomen and lumbar spine.

An open agreement was entered into the parties and compensation was paid for 12 weeks in accordance therewith. He signed a final receipt on September 27, 1957. Subsequent to the signing of this receipt he worked as a grain mixer and a truck driver, delivering bags of grain, between February 5, 1958 to July 18, 1958 and from September 17, 1958 to May 29, 1959.

He did testify that his work was performed with difficulty but he did not consult a physician until June 29, 1959. A spinal operation was performed in October, 1959. He was 22 years of age at the time of the hearing. At the time of the signing if the final receipt claimant was a minor and illiterate. Although he went to the fourth grade, he cannot read and can only write his name. On June 26, 1959, he filed a petition to set aside the final receipt and for modification of the open agreement under §§ 413, 434 of the Workment's Compensation Act, 77 PS §§ 771, 1001, on the ground that it was entered into through ignorance and without representation of counsel and that his disability had not ceased or had recurred; and that he had executed it under a mistake of law and fact.

The referee set aside the final receipt finding that the claimant's disability recurred and reinstated compensation. He found as a fact: "3. That the claimant's total disability recurred during the prior July 18, 1958 to September 17, 1958 and he again became totally disabled on May 30th, 1959, ...


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