Appeal from the order of the Workmen's Compensation Appeal Board in case of John Bardo v. Republic Heating Company, No. A-72137.
George M. Schroeck, for appellant.
Roy F. Walters, with him Carl B. Fried, and Fried, Kane & Walters, and James N. Diefenderfer, for appellants.
Judges Crumlish, Jr., Rogers and DiSalle, sitting as a panel of three. Opinion by Judge Rogers.
[ 34 Pa. Commw. Page 323]
John Bardo has filed a petition for review from an order of the Workmen's Compensation Appeal Board dismissing his appeal from a referee's decision as having been filed too late.
Bardo suffered an injury on December 24, 1969 in the course of his employment with Republic Heater Company (Republic). Bardo received Workmen's Compensation benefits of $60.00 per week pursuant to an open compensation agreement and a supplemental agreement between Bardo and Republic. Bardo returned to work on November 10, 1970 and worked intermittently thereafter. On April 5, 1972 defendant filed a petition to review the compensation agreement, setting forth in pertinent part that:
Compensation benefits have been paid to the claimant, but because of various unknown periods of disability and various unknown periods of employment, information is necessary as to what additional compensation benefits, if any, should be made to the Claimant.
Bardo filed an answer alleging that:
1. . . . Claimant has been continuously disabled since the accident of December 24, 1969.
[ 34 Pa. Commw. Page 3242]
. . . . Claimant has been rehospitalized recently; required further cervical surgery and is presently disabled.
4. . . . Claimant was paid from December 24, 1969 until he returned to work on November 10, 1970. There was a recurrence of his disability on January 1, 1971. Claimant has not ...