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PARKVIEW HOSPITAL v. WORKMEN'S COMPENSATION APPEAL BOARD AND JOHN P. MCDEVITT (07/31/75)

decided: July 31, 1975.

PARKVIEW HOSPITAL, INC. AND PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY, INSURANCE CARRIER, APPELLANTS,
v.
WORKMEN'S COMPENSATION APPEAL BOARD AND JOHN P. MCDEVITT, APPELLEES



Appeal from the Order of the Workmen's Compensation Appeal Board in case of John P. McDevitt v. Parkview Hospital, Inc., No. A-67545.

COUNSEL

David L. White, with him John F. McElvenny, for appellants.

Thomas F. McDevitt, with him James N. Diefenderfer, for appellees.

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

Author: Kramer

[ 20 Pa. Commw. Page 568]

This is an appeal by Parkview Hospital and the Pennsylvania Manufacturers' Association Insurance Company from a decision of the Workmen's Compensation Appeal Board, which awarded compensation for total disability to John P. McDevitt. The issue in this case is whether the Hospital proved that McDevitt is capable of doing light work of a general nature. We conclude that it did not and, therefore, affirm.

McDevitt was employed by the Hospital as a maintenance man when he injured his back in a work-related accident on August 23, 1969. On October 15, 1969, McDevitt filed a claim petition, and, following several hearings,

[ 20 Pa. Commw. Page 569]

    a referee issued a decision, dated July 31, 1973, which contained the following pertinent findings of fact:

"1. That on August 23, 1969, the claimant was engaged in the employ of the defendant as a maintenance man at a salary of $107.10 per week.

"4. That on the aforesaid day, while in the course of his employment with the defendant, the claimant was tilting a 50 gallon drum filled with chemicals to pour some of the contents into a jar when the drum slipped and fell, causing claimant to twist and fall, resulting in a right ilio-lumbar ligamentous sprain and aggravating a prior back injury.

"5. That as a result of this occurrence, the claimant became totally disabled as of August 25, 1969, and continued to remain so disabled up to the time of the hearing and may continue into the future for an indefinite period."

Based upon these findings, the referee awarded McDevitt compensation for total disability. The Hospital appealed to the Board, ...


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