Appeal from the Order of the Workmen's Compensation Appeal Board in case of Ralph H. Logan v. Commissioners of Beaver County, No. A-75746.
Fred C. Trenor, of Meyer, Darragh, Buckler, Bebenek & Eck, for petitioners.
Leonard P. Kane, Jr., for respondents.
Judges Wilkinson, Jr., Rogers and Blatt, sitting as a panel of three. Opinion by Judge Blatt. This decision was reached prior to the death of President Judge Bowman. Judge DiSalle did not participate in the decision in this case.
[ 49 Pa. Commw. Page 439]
The Commissioners of Beaver County (employer) appeal here from an order of the Workmen's Compensation Appeal Board (Board) which affirmed a referee's decision setting aside a final receipt executed by Ralph H. Logan (claimant) and awarding him compensation for total disability.
The claimant injured his left leg on April 17, 1964, in a job-related accident and received compensation for total disability under a notice of compensation payable executed by the employer. On December 15,
[ 49 Pa. Commw. Page 4401975]
, he returned to work and executed a final receipt. He continued to have problems with his leg, however, and on February 22, 1977, he filed the instant petition to set aside final receipt, alleging a specific loss of the "left lower extremity". A hearing was held before a referee, who later issued a decision expressly denying the specific loss claim but finding total disability and reinstating the original notice of compensation payable. The Board upheld the referee, and this appeal followed.
The employer argues here, as it did below, that the only issue before the referee was the specific loss claim and that he erred therefore in ruling on an issue which had not been presented, i.e., total disability.
Section 434 of The Pennsylvania Workmen's Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 1001, provides in part:
That a referee designated by the department may, at any time within three years from the date to which payments have been made, set aside a final receipt, upon petition filed with the department, or on the department's own motion, if it be shown that all disability due to the injury in fact had not terminated.
To have a final receipt set aside, therefore, a claimant need only demonstrate that all disability has not terminated. Schneider v. Sears, Roebuck and Co., 206 ...