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JOAN JODON v. COMMONWEALTH PENNSYLVANIA (10/14/80)

decided: October 14, 1980.

JOAN JODON, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND CORNING GLASS WORKS, RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Joan Jodon v. Corning Glass Works, No. A-76513.

COUNSEL

William R. Caroselli, with him Edwin H. Beachler, McArdle, Caroselli, Spagnolli & Beachler, for petitioner.

Raymond F. Keisling, Will & Keisling, for respondent, Corning Glass Works.

Judges Rogers, Blatt and Williams, Jr., sitting as a panel of three. Opinion by Judge Williams, Jr.

Author: Williams

[ 54 Pa. Commw. Page 247]

This is an appeal by Joan Jodon (claimant) from that part of an order of the Workmen's Compensation

[ 54 Pa. Commw. Page 248]

Appeal Board (Board) which disallowed a referee's award of an attorney's fee under Section 440 of The Pennsylvania Workmen's Compensation Act.*fn1

The claimant was employed as a selector-packer for the Corning Glass Works (employer). Her duties required her to stand for extended periods picking up stacks of glassware, and to do considerable stooping and bending to pack the glassware in hampers. While at work on May 13, 1977, the claimant experienced pain in her lower back and abdominal area when she picked up a stack of glassware and bent down to put it in a hamper. As a result of the pain, the claimant went to the plant dispensary and reported her condition to the nurse, who gave the claimant some pills. The claimant returned to work, but requested more pills at the end of the day.

Due to continuing pain, claimant Jodon remained away from work until May 19, 1977. When she returned to work that day she requested lighter work, but she was assigned to her normal duties as a selector-packer. She required the help of a co-worker to complete her shift because of pain. She did not return to work after May 19. The medical evidence on both sides of this case agreed that the claimant suffered from at least a chronic back sprain.

In awarding compensation the referee determined that the claimant suffered a back injury in the course of her employment on May 13, 1977, and that she was totally disabled from performing her former occupation or any similar occupation involving lifting, bending and stooping. The referee also found that the employer, a self-insured, had no reasonable basis for

[ 54 Pa. Commw. Page 249]

    contesting compensation and, as a result, the referee ...


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