Appeal from the Order of the Workmen's Compensation Appeal Board in case of Leonard Anderson v. Republic Steel Corporation, No. A-79744.
Margaret D. Blough, with her Kenneth D. Yablonski, for petitioner.
Scott E. Becker, Thomson, Rhodes & Grigsby, for respondents.
Judges Rogers, MacPhail and Doyle, sitting as a panel of three. Opinion by Judge Rogers.
[ 67 Pa. Commw. Page 582]
Leonard Anderson has filed a Petition for Review of an order of the Workmen's Compensation Appeal Board affirming a referee's decision dismissing his petition for reinstatement of workmen's compensation benefits for total disability under Section 413 of The Pennsylvania Workmen's Compensation Act, Act of
[ 67 Pa. Commw. Page 583]
June 2, 1915, P.L. 736, as amended, 77 P.S. § 772. We affirm.
The claimant was employed as a mechanic for Republic Steel Corporation when, on June 2, 1975, while in the course of his employment he sustained injuries to his left ear causing serious and permanent disfigurement. The claimant and employer entered into a stipulated agreement that the claimant was entitled to compensation for an eleven week period beginning June 11, 1975. This stipulation was incorporated into a September, 1976 referee's order which was not appealed by either of the parties. As part of this agreement, the parties stipulated that
4. Claimant has failed to produce any medical evidence which would support his claim that he sustained any injury other than disfigurement in the incident described above and outlined in his claim petition. All claims for compensation other than disfigurement resulting from this incident shall be dismissed with prejudice.
The claimant signed, sometime after September, 1976 an undated final receipt. On October 12, 1978, the claimant filed a petition to set aside final receipt, later amended by the claimant to a petition for reinstatement, claiming that his disability had recurred and that he was unable to work. Specifically, at a referee's hearing, the claimant complained that he suffered from continued headaches and that as a result, he missed work August 16, 1978 to November 10, 1978. At the final referee's hearing, the letter reports of Dr. Lowell C. Lubic and Dr. Peter E. Sheptak were introduced into evidence.*fn1 The referee made the following pertinent findings of fact:
[ 67 Pa. Commw. Page 5843]
. On October 24, 1975, claimant filed with Bureau a claim petition against employer requesting compensation for alleged disfigurement and/or disability. Said petition was assigned to Referee Laughlin who rendered an adjudication dated September 27, 1976, which was circulated on October 15, 1976. No timely appeal was taken from said adjudication, which is incorporated herein by reference thereto.
4. The instant petition concerns the same ultimate issues, parties, injury, and subject matter involved in the said claim petition and adjudication. This would obtain ...