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WORKMEN'S COMPENSATION APPEAL BOARD COMMONWEALTH PENNSYLVANIA AND MILES WILLIS REEDY v. STATE WORKMEN'S INSURANCE FUND (01/06/76)

decided: January 6, 1976.

WORKMEN'S COMPENSATION APPEAL BOARD OF THE COMMONWEALTH OF PENNSYLVANIA AND MILES WILLIS REEDY
v.
STATE WORKMEN'S INSURANCE FUND, INSURANCE CARRIER, AND L. C. ANDERSON & SONS, INC., APPELLANTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Miles Willis Reedy v. L. C. Anderson & Sons, Inc., No. A-68425.

COUNSEL

Arthur J. Rinaldi, Associate Counsel, with him John E. O'Connor, Chief Counsel, for appellant.

Scot D. Gill, with him Henry, Corcelius, Gates & Gill, for appellee.

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

Author: Rogers

[ 22 Pa. Commw. Page 499]

The State Workmen's Insurance Fund (Fund) has appealed from an order of the Workmen's Compensation Appeal Board affirming the decision of a referee granting

[ 22 Pa. Commw. Page 500]

    the prayer of the petition of Miles Willis Reedy for reinstatement of an agreement for compensation.

Mr. Reedy was injured in the course of his employment with an employer insured by the Fund on June 21, 1963. Pursuant to an agreement for total disability, Mr. Reedy received payments of $37.50 from the Fund until February 6, 1964. He thereafter received compensation for partial disability in the weekly amount of $18.75 in accordance with a supplemental agreement. The Fund discontinued the payments for partial disability as of October 21, 1970, the end of the 350 week period then provided by statute for compensation for partial disability. The supplemental agreement on the form provided by the Board*fn1 is dated February 21, 1964, and recites that the claimant has a partial disability and contains the following substantive provision:

"It is further agreed that on and after 2-6-64 compensation shall be payable to the said employe at the rate of $18.75 per week for indefinite weeks; or, if the future period of disability is uncertain, then to continue at said rate until terminated by a further supplemental agreement, order of the Workmen's Compensation Board or Referee, or by final receipt." (The emphasized material was added by typewriter in blank spaces of the printed form).

The insertion in the form of the word "indefinite" as descriptive of the term during which payments should run, rather than the number "350" is the controlling fact in this case. The form bears the stamp of the State Workmen's Insurance Fund and it was conceded at argument that it was prepared by the Fund.

In May and October of 1972, both times within two years from the date of the most recent payment of compensation, October 21, ...


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