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BURGETTSTOWN AREA SCHOOL DISTRICT AND INSURANCE COMPANY NORTH AMERICA v. WORKMEN'S COMPENSATION APPEAL BOARD (MAGDELENE SLONE) (03/23/83)

decided: March 23, 1983.

BURGETTSTOWN AREA SCHOOL DISTRICT AND INSURANCE COMPANY OF NORTH AMERICA, PETITIONERS
v.
WORKMEN'S COMPENSATION APPEAL BOARD (MAGDELENE SLONE), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Magdelene Slone v. Burgettstown Area School District, No. A-80621.

COUNSEL

Raymond F. Keisling, Will & Keisling, for petitioners.

M. Scot Curran, Clarke and Curran, for respondent, Magdelene Slone.

Judges Rogers, Blatt and Craig, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 73 Pa. Commw. Page 99]

The Burgettstown Area School District and the Insurance Company of North America (petitioners) appeal an order of the Workmen's Compensation Appeal Board (Board) which affirmed a referee's dismissal of their petition to terminate claimant Magdelene Slone's benefits.

This is the second time this matter has been before us. In Burgettstown Area School District v. Workmen's Compensation Appeal Board, 47 Pa. Commonwealth Ct. 326, 328-29, 407 A.2d 1383, 1384 (1979). Judge Craig observed that:

The issue is whether or not claimant is capable of performing assignments as a substitute classroom teacher, given her present physical limitations. There is no dispute as to the availability of that kind of work.

Work at the blackboard is the crux of the problem in this case.

[ 73 Pa. Commw. Page 100]

The referee made the following finding of fact, upon which, alone, rests the conclusion that claimant could not perform classroom teacher work:

"4. Claimant could not perform the duties of a classroom teacher because she would have difficulty working at the blackboard. . . ." (Emphasis in original.)

A remand was ordered "for a specific finding, based on competent evidence, on the issue of whether or not claimant, as a substitute teacher, would be required to use a blackboard." ...


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