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WORKMEN'S COMPENSATION APPEAL BOARD COMMONWEALTH PENNSYLVANIA AND LATROBE STEEL v. KENNETH CAVES (11/26/75)

decided: November 26, 1975.

WORKMEN'S COMPENSATION APPEAL BOARD OF THE COMMONWEALTH OF PENNSYLVANIA AND LATROBE STEEL
v.
KENNETH CAVES, APPELLANT



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Kenneth Caves v. Latrobe Steel, No. A-69227.

COUNSEL

David Simon, for appellant.

H. Reginald Belden, Jr., with him Stewart, Belden, Sensenich and Herrington, for appellee, Latrobe Steel.

James N. Diefenderfer, for appellee, Workmen's Compensation Appeal Board.

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

Author: Rogers

[ 22 Pa. Commw. Page 103]

This is an appeal from an order of the Workmen's Compensation Appeal Board affirming a referee's decision denying compensation to a claimant, Kenneth Caves.

The claimant's usual work as a "drag down" at his employer's steel plant required him to remove heated

[ 22 Pa. Commw. Page 104]

    billets from furnaces and to drag them to a nine inch rolling mill. Although the claimant occasionally did heavier work, his duties at the nine inch rolling mill involved dragging weights weighing as little as a few pounds and as much as 100 pounds. The claimant began to experience back pains in early March 1971. He was admitted to a hospital on April 19, 1971 and discharged on May 1, 1971, on which latter date he was declared by his medical advisors to be asymtomatic. He returned to work but the back pains reoccurred. In July 1971 he was given tests at the hospital and on July 27, 1971 underwent surgery for the removal of discs. Mr. Caves was unable to continue in his former employment and on July 7, 1972, almost a year after the operation, filed his petition for compensation for disability.

The referee, after three hearings, found that the claimant had not suffered an accident and further that the claimant had failed to notify his employer within 120 days after the occurrence of an accident.*fn1 The Board, without taking additional testimony, affirmed the referee's order and this appeal followed.

The decision below having been adverse to the claimant, who had the burden of proof, our review is limited to a determination of whether constitutional rights were violated, an error of law was committed or competent evidence was capriciously disregarded. We are required to rely on the facts found by the ...


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