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MARVIN L. KERCHNER AND WORKMEN'S COMPENSATION APPEAL BOARD v. MATERIALS TRANSPORT SERVICE (04/18/77)

decided: April 18, 1977.

MARVIN L. KERCHNER AND WORKMEN'S COMPENSATION APPEAL BOARD
v.
MATERIALS TRANSPORT SERVICE, INC., APPELLANT



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Marvin L. Kerchner v. Materials Transport Service, Inc., No. A-70631.

COUNSEL

David G. Welty, for appellant.

John R. Greisamer, with him Dean L. Foote, and James N. Diefenderfer, for appellees.

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

Author: Kramer

[ 29 Pa. Commw. Page 590]

This is an appeal by Materials Transport Service, Inc. (Materials Transport) from an order of the

[ 29 Pa. Commw. Page 591]

Workmen's Compensation Appeal Board (Board) dated May 11, 1976. The order reversed a referee's adverse decision and granted Marvin L. Kerchner's (Kerchner) petition to set aside a final receipt and awarded him compensation for total disability. We affirm.

Kerchner was employed by Materials Transport as a truckdriver. On February 2, 1973, he was involved in a work-related accident in which an auto struck the rear of his truck. As a result of the accident, Kerchner exacerbated a prior work-related injury, suffering an acute lumbo cervical strain. He was hospitalized under the care of Dr. Robert Friedman and Dr. Edward White. He received compensation for this injury from February 2, 1973 through May 21, 1973. Kerchner signed a final receipt, dated May 25, 1973, and resumed his occupation as a truck driver with medical restrictions to avoid excessive bending, twisting, or straining. Although complaining regularly about his back to the company dispatcher, Kerchner continued working until February 27, 1974. He has not worked since reporting off sick on that day.

On March 11, 1974, Kerchner, complaining of constant pain, went to see Dr. Friedman. Dr. Friedman again called in Dr. White, and together they began to treat Kerchner for pains in his lower left extremities as well as for depression. After the treatment failed to alleviate the pain, Dr. Friedman, on August 19, 1974, performed a laminectomy and neurolysis at the level of the L-5-S1 roots with foraminetomy at the level of L-5. This surgery disclosed massive adhesions with the L-5 root completely buried in fresh adhesion formation.

On August 23, 1974, Kerchner filed a petition to set aside the final receipt of May 25, 1973. The referee

[ 29 Pa. Commw. Page 592]

    dismissed this petition and denied compensation. In his ...


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