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JAMES J. HARTMAN v. WORKMEN'S COMPENSATION APPEAL BOARD (03/11/75)

decided: March 11, 1975.

JAMES J. HARTMAN, APPELLANT,
v.
WORKMEN'S COMPENSATION APPEAL BOARD, FIRESTONE TIRE AND RUBBER CO. AND LIBERTY MUTUAL INSURANCE CO., INSURANCE CARRIER, APPELLEES



Appeal from the Order of the Workmen's Compensation Appeal Board in case of James J. Hartman v. Firestone Tire & Rubber Company.

COUNSEL

Roland J. Artigeres, with him Joseph Lurie, and Galfand, Berger, Senesky, Lurie & March, for appellant.

Joseph R. Thompson, with him John G. Jenemann, and James N. Diefenderfer, for appellees.

Judges Kramer, Wilkinson, Jr. and Rogers, sitting as a panel of three. Opinion by Judge Wilkinson.

Author: Wilkinson

[ 17 Pa. Commw. Page 611]

On August 16, 1972, claimant-appellant twisted his right knee while lifting material onto a pallet at employer-appellee's plant, causing the instantaneous development of a Baker's cyst on the back of that knee. Claimant-appellant subsequently filed a claim petition, and after a hearing on February 7, 1973, the referee made the following findings of fact, conclusions of law and award:

"Findings of Fact:

"1. Claimant on 8.16.72 was employed by defendant at an average weekly wage of $166.40.

"2. On 8.16.72 claimant developed a baker's cyst on the back of his right knee. The cyst developed instantaneously when claimant twisted his knee while lifting material onto a pallet.

"3. The cyst was surgically removed, requiring a three day hospitalization.

"4. Claimant notified his supervisor of the injury the day after he developed the cyst.

" 5. All of claimant's medical bills, with the exception of $10 owed to Dr. Yund, ...


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