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LEHIGH VALLEY MANPOWER PROGRAM v. COMMONWEALTH PENNSYLVANIA (08/25/81)

decided: August 25, 1981.

LEHIGH VALLEY MANPOWER PROGRAM, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND MANUEL SANCHEZ, RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in the case of Manual Sanchez v. Lehigh Valley Manpower Program, No. A-75834.

COUNSEL

Charles W. Elliott, with him John P. Thomas, Thomas & Hair, for petitioner.

Edward G. Ruyak, for respondent, Manuel Sanchez,

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

Author: Blatt

[ 61 Pa. Commw. Page 431]

This is an appeal of a decision by the Workmen's Compensation Appeal Board (Board) which reversed a referee's determination and granted total disability benefits to the claimant, Manuel Sanchez.

After a hearing the referee made the following relevant findings of fact:

2. On November 4, 1976 the Claimant was required to move packages of drywall material weighing approximately 175 pounds in the performance of his regular occupational duties for Defendant.

3. Claimant advised his superintendent on November 4, 1976 that he thought he ruined his back, without specifying how, when, or where this occurred, and Claimant left work early.

4. In accord with the hospital records, Claimant went to the Muhlenberg Medical Center on November 5, 1976 at which time he gave Walter F. Stull, Jr., M.D. a history that he suffered severe low back pain for 10 days, that he has had chronic back problems dating back to 1972 and has been treated on several occasions with conservative treatment and obtained temporary relief, and Claimant gave no history of injury with the most recent onset of pain.

5. Claimant received conservative treatment in the Muhlenberg Medical Center, however, pursuant to a lumbar myelogram performed on November 15, 1976, Claimant was discharged on November 17, 1976 with the final diagnosis of acute herniated disc syndrome with

[ 61 Pa. Commw. Page 432]

    evidence of a herniated disc at L4-L5, and it appears that hospital and physican's expense during said period was ...


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