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CHARLES CASUCCIO v. WORKMEN'S COMPENSATION APPEAL BOARD (CARL O. SCHEIDEMANTLE) (02/23/83)

decided: February 23, 1983.

CHARLES CASUCCIO, JR., PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (CARL O. SCHEIDEMANTLE), RESPONDENTS



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.

COUNSEL

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.

Author: Crumlish

[ 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 ...


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