Appeal from the Order of the Workmen's Compensation Appeal Board in case of J. L. Lee v. Treesdale Labs Division, No. A-71710.
H. Reginald Belden, Jr., with him Stewart, Belden, Sensenich & Herrington, for petitioner.
Donetta W. Ambrose, with her Ambrose & Ambrose, and James N. Diefenderfer, for respondents.
Judges Crumlish, Jr., Wilkinson, Jr. and Mencer, sitting as a panel of three. Opinion by Judge Crumlish, Jr.
[ 36 Pa. Commw. Page 308]
Westmoreland Casualty Company (Appellant) appeals a decision of the Workmen's Compensation Appeal Board (Board) affirming an award of benefits to J. L. Lee (Claimant).
The facts as found by the referee are as follows. Claimant was employed by Treesdale Labs (Employer) where he took "hot tops" made of crushed limestone from ovens and placed them, with the help of co-workers, onto pallets in preparation for delivery. Specifically, the referee found
that on September 24, 1971, Claimant's foot slipped while handling a hot top weighing between 300 and 400 pounds with two fellow workers, and that Claimant immediately complained to both fellow employees that he had hurt his back. . . .
[ 36 Pa. Commw. Page 309]
all disability of Claimant resulted directly from the injury which Claimant sustained in the course of his employment for [Employer] on September 24, 1971, and that all the above-described periods of disability were directly related thereto.
Based upon these findings, the referee concluded
[t]hat the Claimant is entitled to compensation benefits under the provisions of the Workmen's Compensation Act of Pennsylvania, as amended for total disability as a result of injuries which were ...