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CAMBRIA COUNTY COMMISSIONERS AND PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY v. COMMONWEALTH PENNSYLVANIA (03/11/81)

decided: March 11, 1981.

CAMBRIA COUNTY COMMISSIONERS AND PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY, PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND MICHAEL J. BRADLEY, RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Michael J. Bradley v. Cambria County Commissioners, No. A-77243.

COUNSEL

Edward G. Kuyat, Jr., Kuyat & Walker, for petitioners.

W. Louis Coppersmith, Margolis & Coppersmith, for respondent, Michael J. Bradley.

Judges Rogers, Craig and Palladino, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 57 Pa. Commw. Page 410]

The Commissioners of Cambria County and the County's insurer have filed a Petition for Review of an order of the Workmen's Compensation Appeal Board modifying and, as modified, affirming a referee's decision reinstating Michael J. Bradley's workmen's compensation benefits for total disability. We affirm.

[ 57 Pa. Commw. Page 411]

On May 13, 1975, Bradley suffered a herniated disc at the L-4, L-5 level while in the course of his employment as a security guard at the Cambria County Home and Hospital. Corrective surgery was performed in June 1975. Bradley was paid compensation for total disability under a Notice of Compensation Payable from May 23, 1975 until July 27, 1975, when Bradley returned to work. Bradley signed a final receipt on August 6, 1975.

On August 28, 1975, Bradley stumbled while walking. This incident did not take place in the course of his employment by the County. In May 1976, Bradley filed a petition to reinstate compensation, alleging that he suffered an aggravation of the injury of May 13, 1975 when he stumbled on August 28, 1975. The petitioners contested Bradley's application. At a referee's hearing Bradley testified and the deposition of his treating orthopedic surgeon was received in evidence. The petitioners adduced no evidence.

The referee found that as a result of the August 28, 1975 incident, Bradley suffered a recurrence of the injury of May 13, 1975 and ordered the reinstatement of benefits and the payment of medical costs and compensation for total disability for the periods of August 29, 1975, to and including January 2, 1976, and from October 16, 1976, to and including March 6, 1977.*fn1

The petitioners appealed and the Board, which did not take additional evidence, concluded the record did not contain substantial evidence supporting the finding of a recurrence of Bradley's injury. However, the Board also concluded that Bradley's petition for reinstatement should have been treated as a petition to set aside the final receipt signed on August 6, 1975, and for this reason remanded the record to the referee

[ 57 Pa. Commw. Page 412]

    for him to consider Bradley's petition as an application to set aside the final receipt and for ...


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