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WHEELING-PITTSBURGH STEEL CORPORATION v. COMMONWEALTH PENNSYLVANIA (11/02/78)

decided: November 2, 1978.

WHEELING-PITTSBURGH STEEL CORPORATION, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND JAMES STANLEY, RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of James Stanley v. Wheeling-Pittsburgh Steel Corporation, No. A-71912.

COUNSEL

Francis P. Massco, for petitioner.

Patrick F. McArdle, with him McArdle, Henderson, Caroselli, Spagnolli & Beachler, and James N. Diefenderfer, for respondents.

Judges Crumlish, Jr., Wilkinson, Jr. and MacPhail, sitting as a panel of three. Opinion by Judge Wilkinson, Jr.

Author: Wilkinson, Jr.

[ 38 Pa. Commw. Page 371]

This is an appeal by petitioner (employer), from an Order of the Workmen's Compensation Appeal Board (Board), which affirmed an order of the referee which denied the employer's request for a termination of benefits for respondent (claimant). We reverse.

On June 23, 1973 claimant suffered a back injury while working at employer's plant where he had worked for 30 years. At the time of his injury he was lifting 30 inch bricks for use in the relining of a furnace.

On July 23, 1973 claimant entered into a compensation agreement with the employer which called for weekly payments of $100.

On November 20, 1973 claimant committed a rape, a crime to which he later pled guilty.

On November 23, 1973 claimant was arrested for the rape charge. His bond was set at $20,000 which he did not post.

On February 1, 1974 the employer filed a Petition for Termination on ground of changed disability. The Petition alleged that the claimant's disability terminated on November 23, 1973, the date of his arrest.

On May 13, 1974 claimant entered a guilty plea for the charge of rape and aggravated assault. Claimant's bond was raised to $50,000 and he ...


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