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MARY JANE MCGEE v. WORKMEN'S COMPENSATION APPEAL BOARD (04/22/75)

decided: April 22, 1975.

MARY JANE MCGEE, APPELLANT,
v.
WORKMEN'S COMPENSATION APPEAL BOARD, L. F. GRAMMES & SONS, INC. AND TRAVELERS INSURANCE CO., INSURANCE CARRIER, APPELLEES



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Mary Jane McGee v. L. F. Grammes and Sons, Inc., No. A-68265.

COUNSEL

Robert H. Dickman, with him Goldberg & Frankel, for appellant.

Edward H. Feege, with him Hayes and Feege, P.C., and James N. Diefenderfer, for appellees.

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

Author: Blatt

[ 18 Pa. Commw. Page 453]

This is an appeal from a decision of the Workmen's Compensation Appeal Board (Board) which upheld a referee's suspension of a compensation agreement between

[ 18 Pa. Commw. Page 454]

Mary Jane McGee (claimant) and L. F. Grammes and Sons, Inc. (employer).

The claimant was injured on August 18, 1968 while she was employed as a spot welder of small parts. The machine which she was operating on that date crushed her right thumb and burned a hole through it. As a result of this injury, she was absent from work for approximately three months. On October 14, 1968, she signed a compensation agreement with her employer.

On July 5, 1970 the employer filed a petition for termination of the agreement on the ground of changed disability. After conducting two hearings, the referee concluded that the employer was not entitled to termination. On appeal, however, the Board remanded the case to another referee for the appointment of an impartial physician to examine the claimant and to testify as to his findings. On this remand, after another hearing at which the impartial physician testified, the second referee ordered that the agreement be suspended. The Board affirmed and this appeal followed.

The first issue to be considered involves the timeliness of the appeal taken by the claimant from the referee's decision. The record indicates that notice of the referee's order suspending the compensation agreement was mailed to the claimant on March 11, 1974. The claimant's appeal was mailed on April 1, 1974 and received by the Board on April 2, 1974.

Section 423 of The Workmen's Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 853 (Supp. 1974-1975) provides for an appeal period of "twenty days after notice of a referee's award or disallowance of compensation shall have been served" upon the party appealing to the Board. Section 406 of the Act, 77 P.S. § 717 provides in part:

"All notices and copies to which any parties shall be entitled under the provisions of this article shall be served by mail, or ...


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