Appeal from the Order of the Court of Common Pleas of Philadelphia County in case of Marie Concetta Carnovale v. Supreme Clothes, Inc. and American Employers Insurance Company, No. 2680 April Term 1971.
David J. Griffith, with him David L. Pennington and Harvey, Pennington, Herting & Renneisen, Ltd., for appellants.
Joseph N. Bongiovanni, Jr., with him Speese and Kephart, for appellee.
Judges Crumlish, Jr., Wilkinson, Jr., and Blatt, sitting as a panel of three. Opinion by Judge Crumlish, Jr.
This appeal stems from an award by the Workmen's Compensation Board to the appellee for total disability in addition to payments for specific loss of her hand.
On November 10, 1964, Marie Carnovale injured her hand in an accident at her employ, Supreme Clothes, Inc. The employe and the employer executed an agreement providing that compensation be paid to the employe for total disability. Thereafter payments were made pursuant to the agreement until the appellant filed a Petition for Termination*fn1 on September 26, 1966.
The Petition for Termination alleged that the claimant had fully recovered from her injury and was able to return to her usual employment without loss of earning capacity. After a hearing before a Referee, the claimant was awarded compensation for 75% partial disability commencing May 10, 1966.
Both employer and the claimant appealed the Referee's decision to the Workmen's Compensation Board. The employer contended that Marie Carnovale's disability had terminated, while Marie Carnovale alleged that she was still totally disabled.
The Workmen's Compensation Board sustained the appeal of Marie Carnovale and found she was entitled to compensation for total disability under Section 306(A) of the Workmen's Compensation Act, Act of June 2, 1915, P.L. 736, § 306(A), as amended, 77 P.S. 511, in addition to compensation for specific loss of a
hand as covered by Section 306(C) of the Act. 77 P.S. 513.
The employer's appeal to the Court of Common Pleas was dismissed. The employer has appealed ...