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COMMONWEALTH PENNSYLVANIA v. COMMONWEALTH PENNSYLVANIA (10/31/79)

decided: October 31, 1979.

COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF LABOR AND INDUSTRY, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND ROBERT W. ROBINSON, A/B/A ROBINSON-OGILVIE MOVING AND STORAGE, RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of John A. Dunn, Jr. v. Robert W. Robinson, a/b/a Robinson-Ogilvie Moving and Storage and Commonwealth of Pennsylvania, No. A-73434.

COUNSEL

Sandra S. Christianson, Assistant Attorney General, for petitioner.

Paul K. Geer, with him Robert C. Jones and Jones, Gregg, Creehan & Gerace, for respondents.

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

Author: Craig

[ 47 Pa. Commw. Page 109]

This appeal from the Workmen's Compensation Appeal Board requires us to interpret the first paragraph of Section 406.1 of The Workmen's Compensation Act (Act)*fn1 which provides:

[ 47 Pa. Commw. Page 110]

The employer and insurer shall promptly investigate each injury reported or known to the employer and shall proceed promptly to commence the payment of compensation due either pursuant to an agreement upon the compensation payable or a notice of compensation payable as provided in Section 407, on forms prescribed by the department and furnished by the insurer. The first installment of compensation shall be paid not later than the twenty-first day after the employer has notice or knowledge of the employe's disability. Interest shall accrue on all due and unpaid compensation at the rate of ten per centum per annum. Any payment of compensation prior or subsequent to an agreement or notice of compensation payable or greater an amount than provided therein shall, to the extent of the amount of such payment or payments, discharge the liability of the employer with respect to such case.

The facts are simple. John Dunn injured his back on December 21, 1976. The employer had notice of the accident the same day. The claimant did not receive any compensation payment installment until February 14, 1977. Respondent, the insurance carrier, did not pay the full weekly compensation owing until February 23, 1977.

The Department of Labor and Industry (department) issued a "notice of hearing" under Section 435 of the Act, 77 P.S. § 991, asserting violations of the Act.*fn2

The referee found that the carrier had not received notice of the accident from the employer until the twenty-second day after the accident occurred, and

[ 47 Pa. Commw. Page 111]

    that, despite several requests from the insurance carrier, the employer did not supply all of the necessary wage information relevant to the ...


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