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ANGELA L. LORUBBIO v. COMMONWEALTH PENNSYLVANIA (02/29/80)

decided: February 29, 1980.

ANGELA L. LORUBBIO, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND MERRELL NATIONAL LABORATORIES, RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Angela L. LoRubbio v. Merrell National Laboratories.

COUNSEL

W. Brian Golden, for petitioner.

Matthew R. Sorrentino, with him Robert H. Holland, of Kolb, Holland & Taylor, for respondents.

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

Author: Mencer

[ 49 Pa. Commw. Page 530]

Angela L. LoRubbio (claimant) appeals an order of the Workmen's Compensation Appeal Board (Board) which terminated compensation payable to her for an occupational injury sustained while she was employed as an egg candler at Merrell National Laboratories (Merrell). We affirm.

On January 14, 1976, claimant injured the coccyx region of her spine. An agreement of compensation

[ 49 Pa. Commw. Page 531]

    payable was entered into between Merrell and claimant for total disability. Based upon the results of a medical examination of claimant, on May 7, 1976, by Dr. Carl P. Sipowicz, Merrell filed a petition to terminate claimant's benefits, pursuant to Section 413 of The Pennsylvania Workmen's Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. ยง 772.

Following a hearing on Merrell's petition, the referee made the following findings of fact:

9. During all relevant time periods two jobs were available to claimant at Defendant's place of business, at least one of which, and apparently both, did not require her to sit at all, or to stand and sit at her option.

14. Defendant established by expert medical testimony, accepted by the Referee, that Claimant was able to return to her employment with Defendant on May 10, 1976, without loss of earning power.

15. Defendant failed to unequivocally establish that Claimant had completely recovered of the occupational injury ...


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