Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

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

COMMONWEALTH COURT OF PENNSYLVANIA


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 dependents or someone in their behalf, shall

[ 46 Pa. Commw. Page 61]

    give notice thereof to the employer within twenty-one days after the injury, no compensation shall be due until such notice be given. . . .

In Workmen's Compensation Appeal Board v. DelCimmuto, 23 Pa. Commonwealth Ct. 43, 350 A.2d 459 (1976), we held that the word "compensation", as employed in various sections of the Act, includes medical services.*fn2

Here, the referee found that the claimant was injured on July 7, 1976 and did not give the employer notice of the injury until September 16, 1976, a date more than 21 days after the injury. These findings are not contested by the claimant and are amply supported by the evidence of record. Section 311 of the Act mandates*fn3 that, absent the giving of the required notice within 21 days after the injury, no compensation shall be due until such notice is given, and therefore, under the facts of the instant case; no compensation, including payment for medical expenses, was due and owing to the claimant until September 16, 1976.

Accordingly, we make the following

Order

And Now, this 14th day of September, 1979, the order of the Workmen's Compensation Appeal Board,

[ 46 Pa. Commw. Page 62]

    dated August 1, 1978, is modified to provide that Duquesne Light Company shall pay Reno A. Diggs' medical expenses incurred after September 16, 1976 and related to and necessitated by the injury which Reno A. Diggs sustained in the course of employment for Duquesne Light Company, and the subrogation claim of Pennsylvania Blue Shield, which are as follows:

(a) Dr. Rene A. Gonzales $24.00

(b) St. Francis General Hospital 2,255.40

(c) Dr. V. T. Worrall ($90 paid by

Blue Shield) 1,345.00

(d) Neurological-neurosurgical As-

     sociates ($20 paid by Blue

Shield) 25.00

     and in all other respects the said order, as modified, is hereby affirmed.

Disposition

Affirmed as modified.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.