Appeal from the Order of the Workmen's Compensation Appeal Board in the case of Charles Casuccio, Jr. v. Carl O. Scheidemantle, No. A-80321.
Norman J. Barilla, Barilla & Panella, for petitioner.
Elmer G. Klaber, for respondent, Carl O. Scheidemantle.
President Judge Crumlish, Jr. and Judges MacPhail and Doyle, sitting as a panel of three. Opinion by President Judge Crumlish, Jr.
[ 72 Pa. Commw. Page 271]
Charles Casuccio appeals a Workmen's Compensation Board order which affirmed the referee's termination of benefits. We affirm.
On February 3, 1975, Casuccio suffered third-degree burns to his upper legs and forearms in a work-related accident. He received benefits under a Notice of Compensation Payable from February 3, 1975 until November 26, 1979.
On December 6, 1979, Carl O. Scheidemantle (Employer) filed a Termination Petition. The referee held three hearings at which the employer submitted the report of Dr. John Gaisford, the plastic surgeon who treated Casuccio. The report provided that:
Charles Cascuccio [sic] was seen in my office Tuesday, November 27, 1979 and examined. This man is completely healed, has no contractures, no open areas and no physical problems that I can determine other than the scars as a result of his burns.
I can find nothing physically about this man that would prevent him from working. There is no indication for surgery and to repeat, from a physical standpoint, there is no reason why he couldn't return to work as I suggested he could do August 19, 1976.
Casuccio was also examined by Dr. Aaron Caplan on January 30, 1980, and, in his medical report, Dr. Caplan concluded that: "It is my opinion that Mr. Cascuccio [sic] can return to work."
Casuccio submitted a letter from Dr. Joseph Tritschler, dated May 13, 1980, in which Dr. Tritschler indicated that, in his opinion, "it would be detrimental to ...