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ELVIRA N. BUTLER v. WORKMEN'S COMPENSATION APPEAL BOARD (COMMERCIAL LAUNDRY (07/13/82)

decided: July 13, 1982.

ELVIRA N. BUTLER, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (COMMERCIAL LAUNDRY, INC.), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Elvira N. Butler v. Commercial Laundry, Inc., No. A-77884.

COUNSEL

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.

Author: 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 ...


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