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NORTHERN METAL COMPANY v. WORKMEN'S COMPENSATION APPEAL BOARD AND JAMES YOUNG (06/03/74)

decided: June 3, 1974.

NORTHERN METAL COMPANY, APPELLANT,
v.
WORKMEN'S COMPENSATION APPEAL BOARD AND JAMES YOUNG, APPELLEES



Appeal from the Order of the Workmen's Compensation Appeal Board in case of James Young v. Northern Metal Company, No. A-65091.

COUNSEL

Walter J. Timby, Jr., with him, of counsel, LaBrum and Doak, for appellant.

Robert A. Korn, with him, of counsel, Kahn, Bushman, Rosenberg & Weisberg, for appellees.

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

Author: Blatt

[ 14 Pa. Commw. Page 284]

James Young was injured on December 20, 1967, while in the course of his employment with the Northern Metal Company (Northern Metal). A compensation agreement was entered into between Young and

[ 14 Pa. Commw. Page 285]

Northern Metal providing for payment of total disability compensation at the rate of $52.50 per week based on a fixed weekly income of $98.00. On January 26, 1970, Young was rehired by Northern Metal as a metal stripper (this was a sedentary job, in contrast to his previous work as a burner which had involved heavy manual labor) and he was paid full wages until April 26, 1970. Compensation was paid from then until May 9, 1970, but was thereafter discontinued.

Upon Young's petition for review of the compensation agreement, heard together with Northern Metal's termination petition, a referee reinstated compensation beginning May 10, 1970, finding in part as follows:

"2. [C]laimant was rehired by the defendant, was paid in full wages and continued to be paid up to bur (sic) not including April 26, 1970 when, because of claimant's inability to do any work, he was laid off.

"5. Claimant, because of his injury, coupled with his lack of training and educational background, is a non-descript in the labor market and thus is totally disabled and has been at all times since the accident.

"6. Although defendant indicated that it had a job open in its business that would fit claimant's ability to perform, no offer to hire claimant to do such work has ever been made to claimant." (Emphasis added.) The Workmen's Compensation Appeal Board (Board) affirmed the referee but, without taking any additional ...


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