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METALSTAND FURNITURE MANUFACTURING CO. AND PUBLIC SERVICE MUTUAL INS. CO. v. COMMONWEALTH PENNSYLVANIA (10/26/79)

decided: October 26, 1979.

METALSTAND FURNITURE MANUFACTURING CO. AND PUBLIC SERVICE MUTUAL INS. CO., PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND ALFRED ACKIEWICZ, RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Alfred Ackiewicz v. Metalstand Furniture Mfg. Co., No. A-74916.

COUNSEL

Charles S. Katz, Jr., with him Swartz, Campbell & Detweiler, for petitioners.

Joseph V. Furlong, Jr., with him Tabas and Furlong, P.C., for respondents.

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

Author: Wilkinson

[ 47 Pa. Commw. Page 19]

Petitioner (Employer) appeals a decision of the Workmen's Compensation Appeal Board (Board) affirming a referee's decision in favor of claimant following a hearing on remand. We reverse.

By order dated March 18, 1976, the Board vacated a referee's decision denying claimant's claim petition and remanded "for the sole purpose of hearing additional testimony offered by either party." This Court quashed Employer's appeal from the Board's remand

[ 47 Pa. Commw. Page 20]

    order in an opinion filed November 9, 1976.*fn1 Following a hearing on remand, the referee entered an award in favor of claimant. The Board affirmed, and Employer brought the instant appeal.

Employer placed on the record, at the outset of the remand hearing, its objection to the additional proceedings, arguing that the Board's remand order was erroneous making any additional administrative action a nullity. We agree.

In Forbes Pavilion Nursing Home, Inc. v. Workmen's Compensation Appeal Board, 18 Pa. Commonwealth Ct. 352, 336 A.2d 440 (1975) this Court held that the Board is powerless to order the taking of additional evidence where the findings of fact are supported by substantial evidence and no finding on a crucial issue is omitted.

We have carefully reviewed the record as it existed at the time the referee made the initial decision denying the claim petition and conclude that all necessary findings were ...


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