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JOHN B. KELLY COMPANY v. DAVIS (04/17/73)

decided: April 17, 1973.

JOHN B. KELLY COMPANY, INC., ET AL.
v.
DAVIS, ET AL.



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Sam Davis v. John B. Kelly Company, Inc. and Employers' Liability Insurance Group, Insurance Carrier, No. A-64796.

COUNSEL

David L. Pennington, with him Harvey, Pennington, Herting & Renneisen, Ltd., for appellants.

David Gold, 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 590]

This is an appeal from a decision of the Workmen's Compensation Appeal Board granting benefits to the claimant- appellee.

On June 2, 1961 claimant Sam Davis injured his back at his place of employment, John B. Kelly Co., Inc. A hearing was held before a referee appointed by the Workmen's Compensation Appeal Board and an

[ 8 Pa. Commw. Page 591]

    award for total permanent disability was made in favor of the claimant.

On September 12, 1969, the employer filed a Petition to Terminate*fn1 alleging (1) that the claimant had returned to employment on May 22, 1969; (2) that the claimant was no longer totally disabled, and (3) that the employer was entitled to a suspension of payments.

A hearing was held on the employer's petition on June 1, 1971. After viewing motion pictures taken of the claimant by the employer and receiving other testimony, the referee concluded that the claimant's disability had changed from total to partial. The referee ordered payment of maximum partial disability benefits to the claimant as of May 22, 1969.

The claimant appealed the referee's decision to the Workmen's Compensation Appeal Board (Board) which, after a hearing, reversed the referee's determination that the claimant's ...


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