Appeal from judgment of Court of Common Pleas No. 5 of Philadelphia County, June T., 1964, No. 3911, in case of Ernest C. Schneider v. Sears, Roebuck and Co.
Anthony S. Minisi, with him Bernard M. Borish, and Wolf, Block, Schorr and Solis-Cohen, for appellant.
Herbert L. Floum, with him Herman Weiner, for appellee.
Ervin, P. J., Wright, Watkins, Montgomery, Flood, Jacobs, and Hoffman, JJ. Opinion by Watkins, J. Concurring Opinion by Montgomery, J.
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In this workmen's compensation case the Court of Common Pleas No. 5 of Philadelphia County dismissed the appeal of Sears, Roebuck and Co., the defendant-appellant, from the decision of the Workmen's Compensation Board allowing the petition of Ernest C. Schneider, the claimant-appellee, to set aside a final receipt. The company appealed from this decision and from the entry of judgment by the court below on the compensation award.
The claimant injured his right knee in an accident in the course of his employment on February 8, 1956. He was employed as a Division Head in the company warehouse. Open agreements were executed by the parties and he has received payments for total disability for intermittent periods. The final receipt in issue was executed in July 1959. It is agreed that the
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claimant was totally disabled as of November 27, 1959 and the question is whether the accident and injury is the cause of the disability.
The procedural history of this case is worthy of notice. The original agreement was executed on February 21, 1956, by which the beginning of disability was fixed as of February 9, 1956. A final receipt was executed about the same time by which the claimant accepted 2/7 of a week as disability payments. A supplemental agreement, which we designate No. 2, cancelled the first final receipt by stating disability resumed on April 4, 1956. Final receipt No. 2 was executed October 29, 1956 ending disability as of October 23, 1956. Final receipt No. 3 was executed November 6, 1956 ending disability as of November 5, 1956. Supplemental agreement No. 3 was executed on December 3, 1956 which cancelled final receipts Nos. 2 and 3 and set forth the following: "Returned to work 10/24/56 -- disability resumed 11/26/56 -- employe returned to work 11/27/56 -- disability resumed 11/29/56." Final receipt No. 4 dated January 22, 1957 and final receipt No. 5 dated January 22, 1957 ended disability as of January 21, 1957. Supplemental agreement No. 4 cancelled final receipts Nos. 4 and 5 and disability resumed September 5, 1957. Final receipt No. 6 ended disability as of October 6, 1958. Supplemental agreement No. 5 dated June 23, 1959 resumed disability as of June 15, 1959 and cancelled final receipt No. 6. Final receipt No. 7, which is in issue, undated but evidently signed in July 1959, ended disability as of October 6, 1958 and stated that a total of 100 1/7 weeks had been paid in the amount of $3222.14.
It is obvious from this record that the claimant made every effort to return to work and the number of agreements and final receipts executed were enough to convince the claimant that the signing of such receipts
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was perfunctory and that a recurrence of disability would ...