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PENN PAPER COMPANY AND PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY v. WORKMEN'S COMPENSATION APPEAL BOARD AND HARRY C. STONER (04/17/74)

decided: April 17, 1974.

PENN PAPER COMPANY AND PENNSYLVANIA NATIONAL MUTUAL CASUALTY INSURANCE COMPANY, APPELLANTS,
v.
WORKMEN'S COMPENSATION APPEAL BOARD AND HARRY C. STONER, APPELLEES



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Harry C. Stoner v. Penn Paper Company and Pennsylvania National Mutual Casualty Insurance Company, No. A-63459.

COUNSEL

W. E. Shissler, with him Nauman, Smith, Shissler & Hall, for appellants.

Robert L. Myers, III, with him Myers, Myers, Flower & Johnson, for appellee.

Judges Crumlish, Jr., Kramer and Blatt, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 13 Pa. Commw. Page 106]

Harry C. Stoner (claimant) was employed as a foreman for the Penn Paper Company (employer) in Harrisburg. His duties included paper cutting, bindery work and obtaining stock from the warehouse. At times this work involved lifting and carrying heavy materials.

[ 13 Pa. Commw. Page 107]

On September 22, 1969, the claimant was requested to unload two cartons of paper stock from a station wagon and to carry the cartons into the warehouse. He had no trouble in removing the first carton, but he testified as follows regarding his attempt to move the second:

"A. I couldn't reach to get ahold of the carton. I couldn't get ahold of it right to pull it towards me. The top of the carton, there was no top on it. I stretched in pretty far and got my fingers around and just gave a real quick jerk.

"A. And then when I gave it a quick jerk my hands came off of the carton and I went down on the station wagon like. Q. All right, what do you mean your hands came off the carton? A. Well, when I gave it a quick jerk, it just happened all of a sudden and I went down like on the station wagon, the floor of the station wagon. Q. You mean your hands slipped off the top of the carton? A. Yes. Q. Then what occurred? A. Well, when this happened a pain flew in my back and I knew there was something wrong with it." (Emphasis added.)

The claimant was examined immediately after the incident by a physician who discovered him to be suffering from a disc condition. He was unable to return to work until January 5, 1970, when he was given a job which required no lifting but which paid the same salary he had received previously. Prior to returning to this job, however, the claimant had applied for a position with the Commonwealth, which paid a substantially lower salary, but was much lighter work, and, within three weeks of returning to work with this employer, he left to take the Commonwealth job.

On November 20, 1969, the claimant had filed a claim petition for workmen's compensation benefits. Following a hearing ...


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