Appeals from order of Court of Common Pleas No. 4 of Philadelphia County, June T., 1963, No. 3335, in case of William O. Thomas v. James J. Skelly, Inc. et al.
Roger B. Wood, with him Joseph R. Thompson, for appellants.
Benjamin Pomerantz, for appellee.
Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (Rhodes, P. J., absent). Opinion by Watkins, J.
[ 204 Pa. Super. Page 167]
This is an appeal in a workmen's compensation case from an order of the Court of Common Pleas No. 4 of the County of Philadelphia, dismissing the appeal of the defendants-appellants, James J. Skelly, Inc., and Liberty Mutual Insurance Company. The claimant, William O. Thomas, suffered injuries to his right foot on November 7, 1958 while working in the course of his employment for the defendant, James J. Skelly, Inc. The Liberty Mutual Insurance Company, the defendant's carrier entered into a number of agreements with the claimant concerning the injury, finally culminating in the supplemental agreement of December 21, 1960 providing for total disability from and after December 16, 1960.
On July 24, 1961, the defendants filed a petition to modify this agreement so as to provide that the injury had resolved itself into the loss of the use of his right foot. Total compensation had been paid by
[ 204 Pa. Super. Page 168]
the defendants up to July 21, 1961 of $5174.50 at the rate of $37.50 weekly.
After hearings on the petition to modify the referee on May 1, 1962 dismissed the petition to modify and held the claimant to be still totally disabled as a result of the accident and entitled to payments for total disability according to the provisions of the Workmen's Compensation Act.
The defendants appealed to the Workmen's Compensation Board and on January 30, 1963, the board affirmed the referee and adopted his findings of fact, his conclusions of law and the award.
On February 19, 1963, the defendants filed an appeal from the decision of the Workmen's Compensation Board but failed to perfect it by filing exceptions within thirty (30) days from the date of the issuance of the writ of certiorari as required by the Workmen's Compensation Act. § 427 of the Workmen's Compensation Act, 77 P.S. § 874.
On April 30, 1963, the claimant moved to dismiss the appeal for failure to file the exceptions. On May 6, 1963, the defendants filed their delayed exceptions. On May 20, 1963, the Court of Common Pleas No. 4 of Philadelphia County, sitting en banc, dismissed the appeal. Miles v. Masters, 374 Pa. 127, 97 A.2d 36 (1953). No appeal was taken from this decision. The order of the board, therefore, is in effect, a final judgment in favor of the claimant and against the defendants. Parisi v. Freedom Oil Company, 150 Pa. Superior Ct. 260, 27 A.2d 255 (1942). However, in this ...