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ST. JOE MINERALS CORP. v. WORKMEN'S COMPENSATION APPEAL BOARD (ARTHUR D. MARGETIC (03/31/83)

decided: March 31, 1983.

ST. JOE MINERALS CORP., PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (ARTHUR D. MARGETIC, JR.), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in the case of Arthur D. Margetic, Jr. v. St. Joe Mineral Corporation, No. A-79466.

COUNSEL

Bruce E. Woodske, Reed, Luce, Good, Tosh, Kunselman & McGregor, for petitioner.

Alexander J. Pentecost, for respondent, Arthur D. Margetic, Jr.

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

Author: Williams

[ 73 Pa. Commw. Page 190]

St. Joe Minerals Corporation (petitioner) appeals from an order of the Workmen's Compensation Appeal Board (Board) affirming the referee's decision to dismiss St. Joe's petition for termination of compensation.

On May 7, 1977, Arthur D. Margetic (claimant) sustained a right inguinal hernia, while in the course of his employment with the petitioner. Subsequent to this injury the claimant worked until June 18, 1977. On June 20, 1977, the claimant was admitted to the Medical Center of Beaver County under the care of Dr. John H. Shugert. On the next day the doctor performed surgery to repair the claimant's right inguinal hernia. The parties entered into an agreement for compensation on July 8, 1977, wherein it was indicated that the claimant was to receive $167.15 a week, effective June 18, 1977. This agreement was filed on July 18, 1977.

Although the claimant continued to experience pain and discomfort in the area of the incision, Dr. Shugert released the claimant to return to work on August 9, 1977. Notwithstanding the claimant's continuing pain, the parties executed a final receipt on August 19, 1977, wherein it was indicated that the claimant

[ 73 Pa. Commw. Page 191]

    was able to return to work on August 9, 1977, without loss of earning power.

On September 2, 1977, the parties entered into a supplemental agreement and therein stipulated that the claimant was unable to work due to recurring injury from the accident on May 7, 1977. On September 26, 1977, the claimant was readmitted to the Medical Center of Beaver County by Dr. Shugert. Dr. Shugert testified that exploratory surgery was performed on September 27, 1977, and that the pain of which the claimant complained was relieved. The doctor further testified that the claimant was discharged from the medical center under his care on October 1, 1977. Thereafter, on November 14, 1977, Dr. Shugert released the claimant from his care to return to work.

On several occasions after November 14, 1977, the claimant continued to complain of pain in the area of the incision. The claimant testified that almost immediately after he returned to work he continued to have pain while attempting to fulfill his work responsibilities. Dr. Shugert testified that after examining the claimant on November 17, 1977, he suggested to the employer that the claimant be transferred to a lighter job. In spite of this suggestion the employer had the claimant execute another final receipt on November 25, 1977, wherein it was stated that the claimant was able to return to work on November 18, 1977. But, on December 9, 1977, the parties entered into another supplemental agreement wherein the parties agreed that the claimant ...


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