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C.W. BROWN COAL COMPANY AND ROCKWOOD INSURANCE COMPANY v. COMMONWEALTH PENNSYLVANIA (11/20/81)

decided: November 20, 1981.

C.W. BROWN COAL COMPANY AND ROCKWOOD INSURANCE COMPANY, PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD, GILBERT H. BROWN ET AL., RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Gilbert H. Brown v. C.W. Brown Coal Company and Eidemiller Enterprises, Inc., No. A-78342.

COUNSEL

Seymour A. Sikov, with him James L. Nardelli, for petitioners.

Joseph F. Grochmal, with him Roy Walters, Fried, Kane, Walters & Zuschlag, for respondents, Eidemiller Enterprises, Inc. and Hartford Insurance Group.

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

Author: Mencer

[ 62 Pa. Commw. Page 540]

This is an appeal from an order of the Workmen's Compensation Appeal Board (Board) affirming a

[ 62 Pa. Commw. Page 541]

    referee's decision which imposed liability upon C.W. Brown Coal Company (C. W. Brown) and its insurance carrier, Rockwood Insurance Company (Rockwood), for the payment of workmen's compensation benefits to Gilbert H. Brown (claimant). We affirm.

On June 18, 1971, claimant suffered a work-related injury to his back while employed by C. W. Brown. Claimant received workmen's compensation benefits for this injury until April 22, 1975. In May 1975, claimant began employment with Eidemiller Enterprises, Inc. (Eidemiller). As a result of an incident that occurred while he was working for Eidemiller, claimant again became disabled. Claimant then filed a claim petition against Eidemiller, alleging that he sustained a work-related injury while in the course of his employment. Claimant also filed a reinstatement petition against C. W. Brown, alleging that he suffered a recurrence of his 1971 injury. The referee imposed liability upon C. W. Brown and Rockwood after finding that claimant had suffered a recurrence of his 1971 injury, rather than a new injury or an aggravation of his old injury. When the Board affirmed the referee, this appeal followed.

The referee made the following relevant findings of fact:

FIFTH: The claimant testified that he had suffered a work-related injury on June 18, 1971 for which an Order was granted by this Referee; that he had returned to work; that on July 29, 1976, he again suffered an incident while working for Eidemiller Enterprises on afternoon shift, he was working at a quarry changing steel at which time he stepped in a hole while carrying a frame and twisted his torso. While stooping to hook up a cable, he felt severe pain in the face, arm and leg and that he was subsequently

[ 62 Pa. Commw. Page 542]

    disabled and unable to work from the date of ...


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