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DUANE S. HOLMAN v. WORKMEN'S COMPENSATION APPEAL BOARD (01/13/75)

decided: January 13, 1975.

DUANE S. HOLMAN, APPELLANT,
v.
WORKMEN'S COMPENSATION APPEAL BOARD, HEPPENSTALL COMPANY AND PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY, INSURANCE CARRIER, APPELLEES



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Duane S. Holman v. Heppenstall Company, No. A-66737.

COUNSEL

Alexander J. Pentecost, for appellant.

Harold F. Reed, Jr., with him Reed, Sohn, Reed & Kunselman, and James N. Diefenderfer, for appellees.

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

Author: Crumlish

[ 17 Pa. Commw. Page 248]

This is an appeal by Duane S. Holman (Claimant) from an order of the Workmen's Compensation Appeal Board (Board) reversing a determination of the Referee who modified a supplemental agreement for compensation.

Claimant and Heppenstall Steel Company (Appellee) entered into a compensation agreement on December 11,

[ 17 Pa. Commw. Page 2491967]

which provided for payments at the weekly rate of $52.50 commencing November 28, 1967 for arm and heel injuries sustained when Claimant was hit by a forklift. Seven supplemental agreements, a final receipt set aside, and two awards by stipulation sought to conclude the parties' differences. The most recent supplemental agreement, dated August 25, 1971, provided for the weekly payment of partial disability of $9.04. Claimant contended in his petition to review this agreement that he was entitled to additional benefits. The Referee agreed but the Board reversed, and now comes Claimant to us.

By stipulation Claimant was not working during the following times for the following reasons: 27 weeks due to a reduction in work force from November 12, 1971 through March 24, 1972 and from July 13, 1972 through August 10, 1972 and from August 15, 1972 because of the plant closure.

The essence of the Referee's decision is found in Conclusion of Law number two which states:

"2. Since the claimant suffers a 25% disability as a result of injuries accidently sustained on November 20, 1967 which reflected itself in loss of earnings from November 12, 1971 through March 24, 1972 and from July 13, 1972, through August 10, 1972 and from August 15, 1972 to the present, he should be entitled to recover compensation in accordance with the Workmen's Compensation Act, as amended."

Section 413 of the Workmen's Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. ยง 772 ...


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