Appeal from judgment of Court of Common Pleas of Mercer County, Sept. T., 1964, No. 10, in case of Michael E. Krivosh v. City of Sharon et al.
Elmer G. Klaber, with him Frank and Klaber, for appellant.
Albert E. Acker, with him Cusick, Madden, Joyce, Acker and McKay, for appellee.
Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, and Hoffman, JJ. (Flood, J., absent). Opinion by Watkins, J.
[ 205 Pa. Super. Page 499]
This is an appeal from an order of the Court of Common Pleas of Mercer County reversing a decision of the Workmen's Compensation Board denying an award for medical and surgical expenses; and from the entry of judgment by the court below for such expenses in favor of the claimant-appellant, Michael E. Krivosh, and against City of Sharon and Potomac Insurance Company, defendants-appellees.
The claimant was a police officer employed by the City of Sharon for a period of ten years. On December 27, 1960 while in the course of his employment, the
[ 205 Pa. Super. Page 500]
officer fell and injured his back. As a result of the fall, he suffered pain in his lower back continuously and increasingly, but, except for three days, January 23, February 15 and February 20, 1961 he continued in his employment as a policeman until July 30, 1961. He then underwent surgery and was totally disabled from July 30, 1961 until October 2, 1961 when he was able to return to work without loss of earnings, although continuing to suffer a fifteen per cent. partial disability. He was paid workmen's compensation benefits at the rate of $42.50 weekly while totally disabled, but on his return to work, still fifteen per cent. disabled, without loss of earnings, partial payments were suspended.
The Referee and the Board awarded compensation benefits but denied an award for medical and surgical payments under the Workmen's Compensation Law of June 2, 1915, P. L. 736, as amended, § 306(f), 77 PS § 531, which reads as follows: "During the first six months after disability begins, the employer shall furnish reasonable surgical and medical services, . . . . The provisions of this section shall apply in injuries where no loss of earning power occurs."
There is no question that the real reason for his absence on January 23 was the pain which he suffered as a result of the accident on December 27, 1960. The finding of fact by the referee that, "His condition was such that on January 23, 1961, . . . he was so disabled that he could not do his regular work" is supported by competent evidence and is binding on the reviewing court. The Board then concluded that: "Since the claimant was first unable to work on January 23, 1961, due to condition of his back, he is not entitled to recover compensation payments for medical expenses incurred more than six months after the date of his first disability, and all statements for expenses submitted in this case were incurred after July 23, 1961, which
[ 205 Pa. Super. Page 501]
was the end of the six month period." The court below decided that as a matter of law the compensation ...