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RIZZO v. BALDWIN-LIMA-HAMILTON CORPORATION (11/13/69)

decided: November 13, 1969.

RIZZO, APPELLANT,
v.
BALDWIN-LIMA-HAMILTON CORPORATION, APPELLANT



Appeals from order of Court of Common Pleas of Delaware County, No. 13536 of 1968, in case of Frank S. Rizzo v. Baldwin-Lima-Hamilton Corporation.

COUNSEL

Albert Ring, with him Don F. D'Agui, and D'Agui & Del Collo, for claimant.

John W. Wellman, with him Frank I. Ginsburg, and Chadwick, Petrikin, Ginsburg and Wellman, for employer.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Opinion by Watkins, J. Montgomery, J., would affirm on the opinion of Hon. Joseph W. deFuria, Judge of the court below, and so, therefore, dissents.

Author: Watkins

[ 216 Pa. Super. Page 98]

In this workmen's compensation case the claimant and the defendant-employer both have appealed from the order of the Court of Common Pleas of Delaware County remanding the case to the Board for the taking of additional testimony.

The employer appeals on the ground that the claim is barred by the Statute of Limitations and further that the decision of the Board is res adjudicata as to the claim; the claimant appeals on the ground that the court erred in remanding for the purpose of taking additional medical testimony.

The case has a long and complex history beginning with the accidental injury on December 16, 1960 and has been in litigation ever since. The claimant was fifty-five (55) years of age at the time of the accident; he was fifty-nine (59) at the time of the petition, subject of this appeal; and he is now sixty-four (64). In the interest of carrying out the intent of this remedial legislation this case should, if possible, be finally brought to rest.

The claimant, Frank S. Rizzo, was injured in the course of his employment by Baldwin-Lima-Hamilton Corporation, defendant employer, when he fell from a

[ 216 Pa. Super. Page 99]

    ladder eight (8) feet to a concrete floor striking his head and right shoulder. This fall resulted in multiple injuries including damage to the neck, a fractured clavicle and fracture of the third, fourth and fifth ribs. He also suffered head injuries and has complained ever since the accident of headaches, vertigo, burning and pain of the scalp with severe pain over the left occipital region.

A compensation agreement was entered into between the parties for total disability. This condition continued from December 16, 1960 until February 6, 1961 when the claimant returned to work and executed a final receipt. He was paid his wages in lieu of compensation.

On October 5, 1962 the claimant filed a petition for reinstatement alleging that his disability had recurred and that he was totally disabled as of February 3, 1962. The referee found on January 29, 1964 as a fact that he was totally disabled from February 3, 1962 to ...


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