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DEL PENN STEEL CORP. v. ABRAMS (04/03/73)

decided: April 3, 1973.

DEL PENN STEEL CORP., ET AL.
v.
ABRAMS, ET AL.



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Grant L. Abrams v. Del Penn Steel Corporation and Pennsylvania Manufacturers' Association Insurance Company, Insurance Carrier, and Home Indemnity Insurance Company, Insurance Carrier, No. A-64441.

COUNSEL

John F. McElvenny, with him Henry F. Furman, for appellants, employer and insurance carrier.

R. D. Harburg, with him Swartz, Campbell & Detweiler, for prior insurance carrier.

Morton Gordesky, for appellee.

Judges Crumlish, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 8 Pa. Commw. Page 227]

This is an appeal from a decision of the Workmen's Compensation Appeal Board which allowed benefits to the claimant.

Claimant, Grant L. Abrams, filed a Petition for Compensation alleging that on June 4, 1966, he injured his back in the course of his employment by defendant, Del Penn Steel Corporation. An answer denied that claimant sustained a compensable accident on June 4, 1966, or any other date material to this issue. On behalf

[ 8 Pa. Commw. Page 228]

    of the defendant-employer, a petition was filed by the Pennsylvania Manufacturers' Association Insurance Company (PMA) seeking to join the Home Indemnity Insurance Company (Home) as a party defendant. The petition alleged that hospital records indicated that claimant sustained an injury to his back on April 28, 1966, a time when Home insured Del Penn Steel Corporation for workmen's compensation benefits. PMA concluded that there was a basis for dispute on the issue of whether claimant's disability arose from an incident which occurred while Home covered the defendant-employer, hence the joinder was proper.

The petition to join Home was never formally considered by the referee although counsel for Home entered his appearance at subsequent proceedings. To that petition no answer was ever filed.

Testimony was taken at hearings on February 25, 1969, May 27, 1969 and July 13, 1969, by a referee.

After the testimony was concluded, the referee entered an award for claimant in which he found that an accident had occurred on June 4, 1966, and this caused an ...


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