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RONALD R. SELL v. COMMONWEALTH PENNSYLVANIA (09/22/81)

decided: September 22, 1981.

RONALD R. SELL, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND R.L. KEIRN ELECTRIC CONSTRUCTION, RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Ronald R. Sell v. R.L. Keirn Electric Construction, No. A-78446.

COUNSEL

Antonio R. Pyle, with him Joel Persky, Baskin and Sears, for petitioner.

David P. Andrews, Patterson, Evey, Routch, Black, Behrens & Dorezas, for respondent, R.L. Keirn Electric Construction.

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

Author: Williams

[ 62 Pa. Commw. Page 6]

Claimant appeals to this Court to remand to the Workmen's Compensation Appeal Board (Board) its

[ 62 Pa. Commw. Page 7]

    decision affirming the order of the referee terminating benefits to claimant.

Claimant suffered a work-related injury, described in the Notice of Compensation Payable as fractures of both wrists, a fractured nose, loss of teeth, and a laceration of the forehead. Some twenty months later, in January, 1979, the employer filed a Termination Petition, alleging that the claimant was able to return to work. In October, 1979, the claimant filed a Modification Petition containing allegations of disfigurement.

Pursuant to the hearing on the Termination Petition, the referee accepted the deposition testimony of respondent's medical expert and a report from the claimant's treating medical practitioner. Both doctors' opinions are referred to in the decision issued by the referee, who obviously chose to weave threads from each party's evidence into the fabric of his decision. In his Order, he terminated benefits, awarded fifteen weeks of compensation for the disfigurement, and granted the defendant carrier a credit for overpayment of compensation made.*fn1

Claimant appealed to the Board, averring that the facial disfigurement award was inadequate, and also that the referee committed an error of law in terminating benefits. The Board heard argument on the appeal, and subsequently issued an Order in which it affirmed the referee's decision, noting particularly that the claimant had appeared before the Board "and the asserted disfigurement was observed."

Upon appeal to this Court, the claimant requests that we remand to the Board for a determination of whether the referee ...


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