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CHILDREN'S AID & FAMILY SERVICES AND OHIO CASUALTY GROUP v. COMMONWEALTH PENNSYLVANIA (08/06/80)

decided: August 6, 1980.

CHILDREN'S AID & FAMILY SERVICES AND OHIO CASUALTY GROUP, PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND JOYCE E. OTRHALIK, RESPONDENT



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Joyce E. Otrhalik v. Children's Aid & Family Services, No. A-75506.

COUNSEL

Mark Gordon, with him, Fred C. Trenor, Meyer, Darraugh, Buckler, Bebenek & Eck, for petitioners.

Leonard P. Kane, Jr., Fried, Kane, Walters & Zuschlag, for respondents.

Judges Wilkinson, Jr., MacPhail and Williams, Jr., sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 53 Pa. Commw. Page 380]

Children's Aid & Family Services and its insurance carrier, The Ohio Casualty Group (Petitioners), have filed this appeal from an order of the Workmen's

[ 53 Pa. Commw. Page 381]

Compensation Appeal Board (Board), which upheld the referee's denial of a petition for termination of compensation to Joyce E. Otrhalik (Claimant). We affirm.

Claimant was injured on January 9, 1976 when she slipped on ice during the course of her employment and sustained an injury to her back. A Notice of Compensation Payable was filed on February 26, 1976 and benefits in the amount of $93.50 per week were paid as of January 17, 1976. Petitioners filed the termination petition, which is the subject of the instant action, on November 15, 1976.

The termination petition avers that Claimant had fully recovered from the injuries sustained on January 9, 1976. This averment is based on a medical examination performed on August 23, 1976 by Dr. Roy S. Temeles, who testified that he found no evidence of any disability and that, in his opinion, Claimant could return to her former employment.

The record shows that claimant's treating physician, Dr. Heywood A. Haser, had advised Claimant, on August 30, 1976, that she could return to work with the limitation that she not lift weights in excess of thirty pounds. The Claimant called her former employer, Children's Aid & Family Service, in September of 1976 to request part-time employment. She was informed that no part-time work was available. Because she desired to work, the Claimant sought housekeeping work. She testified that she and a friend worked together in this venture and, from October 3, 1976 to November 6, 1976, she earned about $100. Claimant ceased this work because she experienced renewed back pain.

In December of 1976, Claimant suffered back pain radiating to her legs and sought treatment from Dr. Haser. Her condition improved and she was again advised that she could return to ...


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