Appeal from the Order of the Workmen's Compensation Appeal Board in case of James Quick v. Standard Colliers, Inc.
Edward F. Peduzzi, with him Myers, Taylor & Peduzzi, for appellant.
John E. Caputo, with him Robert E. Shahade and James N. Diefenderfer, for appellees.
Mary Ellen Krober, with her David A. Ody, Assistant Attorney General, for amicus curiae, Commonwealth of Pennsylvania.
Judges Crumlish, Jr., Wilkinson, Jr., and Blatt, sitting as a panel of three. Opinion by Judge Crumlish, Jr. Judge Kramer did not participate in the decision in this case.
[ 25 Pa. Commw. Page 204]
In this appeal, James Quick (Claimant) asks us to reverse an order of the Workmen's Compensation Appeal Board (Board) which affirmed the referee's denial of his petition for reinstatement of compensation.
On May 23, 1968, Claimant suffered injuries to his rib, left elbow, left shoulder and chest as a result of an accident in the course of his employment as a miner. A compensation agreement providing for weekly total disability benefits was entered into between Claimant and his employer. On March 29, 1971, Claimant returned to work and by another agreement dated approximately one year later, benefits were terminated. On March 15, 1973, Claimant quit his job claiming that he was in such pain that he could not work. On October 4, 1973, Claimant sought reinstatement of compensation claiming a recurrence of the disability resulting from the May 23, 1968, accident.
The referee's fifth and sixth findings of fact are:
"5. The claimant is totally disabled to pursue his occupation as a miner by reason of a cervical degenerative disc disease, which disease is not causally related to his accident of May 23, 1968.
"6. The claimant has recovered from the injury to his ribs, elbow and left shoulder resulting from the accident of May 23, 1968."
Accordingly, the referee denied Claimant's petition for reinstatement. His ...