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WORKMEN'S COMPENSATION APPEAL BOARD COMMONWEALTH PENNSYLVANIA AND CALVIN T. WILSON v. BALDWIN-LIMA-HAMILTON CORP. (04/26/76)

decided: April 26, 1976.

WORKMEN'S COMPENSATION APPEAL BOARD OF THE COMMONWEALTH OF PENNSYLVANIA AND CALVIN T. WILSON
v.
BALDWIN-LIMA-HAMILTON CORP., APPELLANT



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Calvin T. Wilson v. Baldwin-Lima-Hamilton Corp., No. A-70107.

COUNSEL

John W. Wellman, with him Fronefield, DeFuria and Petrikin, for appellant.

Harry L. Clark, with him James N. Diefenderfer, for appellees.

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

Author: Mencer

[ 24 Pa. Commw. Page 404]

Baldwin-Lima-Hamilton Corporation (appellant) appeals to this Court from a decision of the Workmen's Compensation Appeal Board (Board) which affirmed a referee's grant of additional benefits to Calvin T. Wilson (claimant) under the provisions of The Pennsylvania Workmen's Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. ยง 1 et seq. Claimant had filed a petition to review the compensation agreement he entered into with appellant following an accident occurring in the course of claimant's employment. Claimant died before the referee's decision was rendered and his widow was substituted to his claim.

Claimant's original disability began on October 5, 1971, following an accident on the previous day which was described in the compensation agreement as follows:

"While grinding, sitting on bench on top of stand, the stand slipped and he [claimant] fell to the floor, resulting in fracture left ankle."

After receiving $60 per week in disability benefits for 11 1/7 weeks,*fn1 ending on December 22, 1971, claimant returned to his employment but did no significant work until December 31, 1971, when he was laid off. Claimant

[ 24 Pa. Commw. Page 405]

    was asked to sign a final receipt for compensation benefits, which he did on March 8, 1973. On April 11, 1973, claimant filed a petition to set aside the final receipt, stating that he had never recovered from his injury and that he had not realized that one effect of signing the final receipt was to acknowledge the end of his disability.

Three hearings were held before the referee, the last one taking place on October 22, 1974, after claimant's death on September 4, 1974. At the previous hearings, claimant asserted, and the referee found, that, in addition to the leg fracture, claimant had injured his back in the accident of October 4, 1971, causing a lumbar disc herniation which resulted in total disability from January 1, 1972 to claimant's death. The referee also accepted claimant's explanation that he had signed the final ...


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