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DUQUESNE LIGHT COMPANY v. RENO A. DIGGS (09/14/79)

decided: September 14, 1979.

DUQUESNE LIGHT COMPANY, PETITIONER
v.
RENO A. DIGGS, RESPONDENT



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Reno A. Diggs v. Duquesne Light Company, No. A-74639.

COUNSEL

John A. Lee, for petitioner.

C. William Berger, with him Berger, Kapetan, Malakoff & Meyers, for respondent.

Judges Crumlish, Jr., Mencer and Craig, sitting as a panel of three. Opinion by Judge Mencer.

Author: Mencer

[ 46 Pa. Commw. Page 59]

Reno A. Diggs (claimant), while in the course of his employment with Duquesne Light Company (employer) on July 7, 1976, injured his back when dumping trash from one container to another container. Notice of the injury was not given to the employer until September 16, 1976.

The claimant filed a workmen's compensation claim petition on October 20, 1976, and a referee determined that the claimant sustained a work-related injury on July 7, 1976 and awarded compensation at the weekly rate of $125.33 from September 17, 1976, the date on which the claimant first lost compensable time and wages. The referee also awarded the claimant all medical expenses related to the injury.

The employer appealed the referee's decision on the single issue of the propriety of awarding to claimant medical expenses incurred by the claimant prior

[ 46 Pa. Commw. Page 60]

    to September 16, 1976,*fn1 the date claimant notified his employer of the injury. The Workmen's Compensation Appeal Board affirmed the referee's determination and this appeal followed. We reverse.

Section 311 of The Pennsylvania Workmen's Compensation Act, Act of June 2, 1915, P.L. 736, as amended (Act), 77 P.S. ยง 631, provides, in pertinent part:

Unless the employer shall have knowledge of the occurrence of the injury, or unless the employe or someone in his behalf, or some of the ...


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