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CRUCIBLE v. COMMONWEALTH PENNSYLVANIA (05/01/78)

decided: May 1, 1978.

CRUCIBLE, INC., PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND LOUIS J. MERENDO, RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Louis J. Merendo v. Crucible, Inc., No. A-71738.

COUNSEL

Joseph A. Fricker, Jr., for petitioner.

Frank S. Kelker, with him Kelker and Kelker, and James N. Diefenderfer, for respondents.

Judges Crumlish, Jr., Rogers and DiSalle, sitting as a panel of three. Opinion by Judge DiSalle.

Author: Disalle

[ 35 Pa. Commw. Page 146]

This case comes before this Court upon the Employer's petition for review of an order of the Workmen's

[ 35 Pa. Commw. Page 147]

Compensation Appeal Board (Board) dated February 17, 1977. The Board awarded workmen's compensation benefits to Louis J. Merendo (Claimant) pursuant to a petition for reinstatement filed as a result of a recurrence of a temporary total disability. The compensation awarded was for the period of October 3, 1975, through October 31, 1975, inclusive. We affirm.

Claimant is an employe of Crucible, Inc. (Employer). On June 23, 1975, the Claimant suffered a knee injury for which he received compensation for total disability from June 23, 1975, through September 28, 1975. Claimant returned to work on September 29, 1975. Two days later, however, on October 1, the Claimant complained to his foreman about this same knee injury and about a burn he had received while working that day. The foreman gave him permission to see the plant nurse and the Claimant received medical aid for the burn and heat treatment for his knee. On October 2, 1975 the Claimant did not work because of a breakdown in the plant machinery.

On October 3, 1975, the Claimant called the Employer's chief clerk and informed him that he would not be reporting for work until further notice because his knee was hurting. The Claimant subsequently attempted to work on October 7, but returned home when he was assigned to a labor job. He informed the foreman prior to leaving that day of his inability to do any heavy labor because of his knee. Thereafter, Claimant did not work for the remainder of the month of October.

On October 31, 1975, the Claimant was examined by Dr. Hoyt, the plant physician. Dr. Hoyt advised the Claimant to return to work until he was examined by Dr. Helsing, the physician who had treated Claimant's knee during the period of his original disability. Dr. Hoyt scheduled the Claimant to see Dr. Helsing

[ 35 Pa. Commw. Page 148]

    on November 25, 1975. The Claimant returned to work on November 1, 1975. He saw Dr. Helsing as scheduled and was advised by the physician to continue working and see how his knee responded. On December 16, 1975, after continued difficulty, Claimant was placed by Dr. Hoyt on compensation for a tear of the bilateral cartilage in his ...


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