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SOBER v. PENNSYLVANIA MANUFACTURERS ASSOCIATION (03/23/71)

decided: March 23, 1971.

SOBER, APPELLANT,
v.
PENNSYLVANIA MANUFACTURERS ASSOCIATION



Appeal from order of Court of Common Pleas of Lycoming County, Sept. T., 1968, No. 732, in case of Ida Mae Sober v. Pennsylvania Manufacturers Association and Lycoming County Institution District.

COUNSEL

John P. Campana, with him Campana and Campana, for appellant.

John C. Youngman, Jr., with him Candor, Youngman, Gibson & Gault, for appellees.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Opinion by Spaulding, J.

Author: Spaulding

[ 220 Pa. Super. Page 23]

On April 28, 1965, appellant Ida Mae Sober, while employed by appellee Lycoming County Institution District, suffered a back injury in the course of her employment. In July 1965 a laminectomy was performed on appellant as treatment for that injury.

On appellant's application for Workmen's Compensation, the referee granted partial benefits. This award was appealed by the appellant. On October 3, 1968,

[ 220 Pa. Super. Page 24]

    the Board entered an order awarding compensation for total disability. The order provided: "Pennsylvania Manufacturers' Association is directed to pay to Ida Mae Sober compensation at the rate of $35.53 per week from June 18, 1965 for total disability, and to continue such payments until terminated or altered by or under the provisions of the Workmen's Compensation Act. Further, said insurance company is directed to pay interest at the rate of 6% per annum on deferred payments from the due date thereof, [and to pay and reimburse for specified medical expenses] . . . ." [Emphasis added.]

Appellee then appealed to the Court of Common Pleas of Lycoming County, and the court affirmed the Board's order. On May 16, 1969, the court entered judgment as required by the Workmen's Compensation Act, 77 P.S. § 878.*fn1 Judgment was entered in the exact terms of the Board's order.

Appellees' thirty day limitation for appeal (77 P.S. § 901), expired June 15, 1969. As of July 18, 1969, appellees had made no payment. On that date appellant "entered judgment" for $30,000.00 under the procedure set out in 77 P.S. § 921.*fn2 As required by that section,

[ 220 Pa. Super. Page 25]

    appellant filed a certified copy of the order of the Court of Common Pleas, and a praecipe for judgment in the amount of $30,000.00. The praecipe alleged that appellant was totally and permanently disabled, that employer was in default, and ...


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