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FRANK CHABOTAR v. S. KLEIN DEPARTMENT STORE AND AMERICAN MUTUAL LIABILITY INSURANCE CO. FRANK CHABOTAR (10/15/76)

decided: October 15, 1976.

FRANK CHABOTAR
v.
S. KLEIN DEPARTMENT STORE AND AMERICAN MUTUAL LIABILITY INSURANCE CO. FRANK CHABOTAR, APPELLANT



Appeal from the Order of the Court of Common Pleas of Philadelphia County in case of Frank Chabotar v. S. Klein Department Store, No. 1403 February Term, 1972.

COUNSEL

Gerald J. Haas, for appellant.

Joseph Hakun, with him Hollis Hurd, and MacCoy, Evans & Lewis, for appellees.

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

Author: Blatt

[ 26 Pa. Commw. Page 573]

This is an appeal from an order of the Court of Common Pleas of Philadelphia County dismissing the appeal of Frank Chabotar (claimant) whose petition for further medical services, filed with the Workmen's Compensation Board (Board), now the Workmen's Compensation Appeal Board, was denied as being untimely.

The claimant had suffered a compensable injury in a work related accident on October 28, 1965 while in the employ of S. Klein Department Store. On July 25, 1968, the referee assigned to hear the claimant's original petition for benefits awarded compensation consistent with the following finding of fact:

"3. As a result of said occurrence, claimant became temporarily totally disabled on November 13, 1965 and remained so disabled until December 3, 1965, when he returned to full employment with some residuals of the said injury, but without loss of earning power." (Emphasis added.)

In addition to his award of compensation, the referee ordered as follows:

"Upon the payment of all compensation, interest and medical and hospital expenses, pursuant to the foregoing award, all compensation thereunder is hereby terminated, effective December 3, 1965." (Emphasis added.)

No appeal was taken at the time, but the claimant filed the instant petition more than two years later, on September 22, 1970, asking for further medical services in accordance with Section 306(f) of The Pennsylvania Workmen's Compensation Act*fn1 (Act), 77 P.S. ยง 531. At the time the claimant's petition was filed, the relevant portions of Section 306(f) provided as follows:

[ 26 Pa. Commw. Page 574]

"(f) During the first six months after disability begins, the employer shall furnish reasonable surgical and medical services, medicines, and supplies, as and when needed, unless the employe refuses to allow them to be furnished by the employer . . . . The board may order further medical, surgical and hospital services after the end of the six month period, if it is established that ...


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