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REGINALD E. GREEN v. COMMONWEALTH PENNSYLVANIA (05/31/79)

decided: May 31, 1979.

REGINALD E. GREEN, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND ROADWAY EXPRESS, INC., RESPONDENTS. ROADWAY EXPRESS, INC., PETITIONER V. COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND REGINALD E. GREEN, RESPONDENTS



Appeals from the Order of the Workmen's Compensation Appeal Board in case of Reginald E. Green v. Roadway Express, Inc., No. A-73198.

COUNSEL

Ralph B. Pinskey, for Reginald E. Green.

Michael I. Levin, with him Cleckner & Fearen, for Roadway Express, Inc.

Sandra S. Christianson, Assistant Attorney General, for amicus curiae, Commonwealth.

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

Author: Macphail

[ 43 Pa. Commw. Page 144]

Reginald E. Green (Green) and Roadway Express, Inc., (Roadway) appeal to this Court from a decision of the Workmen's Compensation Appeal Board (Board) vacating the referee's decision and dismissing Green's petition for commutation of workmen's compensation benefits pursuant to the provisions of

[ 43 Pa. Commw. Page 145]

Section 412 of The Pennsylvania Workmen's Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 791, which reads as follows:

If any party shall desire the commutation of future installments of compensation, he shall present a petition therefor to the department to be heard and determined by a referee: Provided, That where there are no more than twenty-five weeks of compensation to be commuted, the insurer or self-insurer may commute such future installments without discount upon furnishing the employe written notice of the commutation on a form prescribed by the department, a copy of which shall be filed immediately with the department.

Both Green and Roadway argue to us that the Board's decision constituted error. They also contend that although the referee was correct in ordering commutation, he erred in ordering partial disability payments to Green to continue despite the commutation and in ordering that the commuted sum be discounted pursuant to Section 316 of the Act, 77 P.S. § 604, which reads as follows:

The compensation contemplated by this article may at any time be commuted by the board, at its then value when discounted at five per centum interest, with annual rests, upon application of either party, with due notice to the other, if it appear that such commutation will be for the best interest of the employe or the dependents of the deceased employe and that it will avoid undue expense or undue hardship to either party, or that such employe or dependent has removed or is about to remove from the ...


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