Appeal from the Order of the Workmen's Compensation Appeal Board in case of Elvira N. Butler v. Commercial Laundry, Inc., No. A-77884.
Richard I. Schubert, Irving M. Portnoy, Litman, Litman, Harris & Specter, P.A., for petitioner.
Eugene F. Scanlon, Dickie, McCamey & Chilcote, for respondent.
President Judge Crumlish and Judges Craig and Doyle, sitting as a panel of three. Opinion by Judge Craig.
[ 67 Pa. Commw. Page 393]
Elvira N. Butler (claimant) appeals an order of the Workmen's Compensation Appeal Board which
[ 67 Pa. Commw. Page 394]
sustained the referee's decision denying the claimant benefits under the Workmen's Compensation Act (Act).*fn1
The claimant worked for Commercial Laundry, Inc. (Commercial) as a laundry sorter, bundling dirty sheets and lifting the bundles onto racks. She alleges that she injured her back on February 25, 1971, as a result of overexertion from lifting a heavier-than-normal bundle onto a rack which was filled to a higher-than-normal level.*fn2
At the hearing, the employer offered no evidence. The claimant's evidence included her own testimony, plus that of her treating physician and a co-worker.
After a lengthy procedural history,*fn3 the referee based his final order upon a conclusion that claimant did not prove either that she was engaged in work requiring
[ 67 Pa. Commw. Page 395]
greater exertion than her normal work at the time of the alleged accident or that she has a disability due to a ...