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ESTATE SAMUEL LERNER v. COMMONWEALTH PENNSYLVANIA (10/17/78)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: October 17, 1978.

ESTATE OF SAMUEL LERNER, DECEASED, SIDNEY S. LERNER, M.D., ADMINISTRATOR, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD, PHILADELPHIA PSYCHIATRIC CENTER AND PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY, RESPONDENTS

Appeal from the Order of the Workmen's Compensation Appeal Board in case of Estate of Samuel Lerner, Deceased, Sidney S. Lerner, M.D., Administrator, v. Philadelphia Psychiatric Center, No. A-69972.

COUNSEL

Sidney S. Lerner, M.D., petitioner, for himself.

Larry Pitt, with him Sharon F. Harvey, and James N. Diefenderfer, for respondents.

Judges Crumlish, Jr., Wilkinson, Jr. and Craig, sitting as a panel of three.

Author: Per Curiam

[ 38 Pa. Commw. Page 137]

The only issue here is whether Appellant, Sidney S. Lerner, may require the Workmen's Compensation Appeal Board (Board) to open hearings on a matter previously adjudicated by the Board and argued before and finally decided by this Court where he is unable to show new evidence which was unavailable at the time of the prior hearing. Our prior decision*fn1 constituted a final adjudication of the issues and the Board properly concluded that it had no authority to grant a rehearing.

Accordingly, we

Order

And Now, this 17th day of October, 1978, the decision of the Workmen's Compensation Appeal Board is affirmed.

Disposition

Affirmed.


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