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ORIE COOPER v. COMMONWEALTH PENNSYLVANIA (02/28/80)

decided: February 28, 1980.

ORIE COOPER, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD, G.C. THOMAS MFG. CO. AND EMPLOYERS MUTUAL LIABILITY INSURANCE CO., RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Orie Cooper v. G.C. Thomas Manufacturing Company, No. A-74295.

COUNSEL

Orie Cooper, petitioner, for himself.

David P. Rovner, with him James K. Martin, for respondents.

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

Author: Craig

[ 49 Pa. Commw. Page 489]

Claimant Orie Cooper appeals from an order of the Workmen's Compensation Appeal Board (board) which affirmed a referee's decision denying him benefits because he failed to establish by substantial evidence a work-related injury as required under Section 411 of The Pennsylvania Workmen's Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. ยง 834 (Act).

Claimant states that, on August 15, 1974, his employer asked him to remove a part from a truck. Claimant alleges that he was squatting under the

[ 49 Pa. Commw. Page 490]

    truck, removing a bolt, when the wrench he was pulling on slipped from the bolt causing him to strike his head against a metal object.

Claimant asserts that the alleged accident caused injury to his neck and back, and therefore, in October, 1974, he underwent a cervical spine operation.

However, the referee, in disallowing compensation, found:

6. . . . based on all the testimony taken as well as reports received and a visit to the scene of the alleged work related injury, that the claimant has failed to establish credibility as to the occurrence of an injury nor that he reported any injury until several days later.

9. . . . claimant has failed to establish credibility as to the occurrence of any work-related injury after medical witnesses for both parties testified under direct ...


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