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WILLIAM HARTUNG v. COMMONWEALTH PENNSYLVANIA (02/07/80)

decided: February 7, 1980.

WILLIAM HARTUNG, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND CITY OF PITTSBURGH, RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of William Hartung, Claimant v. City of Pittsburgh, Defendant, No. A-74010.

COUNSEL

Thomas P. Greer, for petitioner.

Zan I. Hodzic, Assistant City Solicitor, with him Arthur G. Gilkes, Jr., Assistant City Solicitor and Mead J. Mulvihill, Jr., City Solicitor, for respondents.

Judges Crumlish, Jr., Mencer and Craig, sitting as a panel of three. Opinion by Judge Craig. Judge DiSalle did not participate in the decision in this case.

Author: Craig

[ 49 Pa. Commw. Page 241]

This workmen's compensation appeal has a complex factual and procedural background.

Claimant, while employed by the City of Pittsburgh, fell from a truck and fractured his jaw on June 2, 1967. He received total disability compensation, by agreement, for the periods from June 10, 1967 to August 17, 1967 and again from February 13, 1968 to April 8, 1968.

Claimant signed a Final Settlement Receipt in which he acknowledged that he received a City of Pittsburgh check, No. 081568, as final payment of compensation owing and that he was able to return to work without disability or loss of earning power. Claimant cashed that check on April 23, 1968.

The final receipt is not dated, and the Department of Labor and Industry in Harrisburg has no record that it was ever filed there. Claimant acknowledged that the signature on the receipt was his, but he could not recall signing it.

Claimant returned to work with the city in 1968, but in a lighter job, which he held until he was retired in 1974.

A physician examined claimant in 1974 and concluded that he was still disabled as a result of the accident in 1967.

On May 29, 1974 claimant filed a compensation claim against the city. The compensation authorities have throughout treated that claim as a petition to set aside a ...


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