Appeal from the Order of the Workmen's Compensation Appeal Board in case of Edward D. Boothman v. City of Philadelphia, No. A-80473.
Sheldon Norenberg, with him Allen L. Feingold, for petitioner.
Frances M. Fortuno, with her Martin G. Malloy, for respondent, City of Philadelphia.
Judges Blatt, Craig and Doyle, sitting as a panel of three. Opinion by Judge Craig.
[ 74 Pa. Commw. Page 235]
Claimant Edward D. Boothman appeals from an order of the Workmen's Compensation Appeal Board, which adopted a referee's decision dismissing Boothman's claim petition.
[ 74 Pa. Commw. Page 236]
The claimant, a police officer for the City of Philadelphia, sustained a work-related injury on January 26, 1977. On March 30, 1979, he filed a claim petition under the Workmen's Compensation Act,*fn1 seeking an order compelling the city to pay the medical expenses arising from his injury. In its answer, the city denied all of the claimant's allegations except those concerning his employment as a police officer with the city.
The referee scheduled hearings on May 9, July 11 and September 12 of 1979; however, the parties presented no testimony on any of those dates. The referee's decision indicates that the claimant did submit exhibits. However the record on appeal does not indicate which exhibits they were; indeed, we cannot tell if all of those exhibits have been included.
On December 10, 1979, the city paid the claimant's medical expenses. Pursuant to §§ 435 and 440 of the Act,*fn2 the claimant now seeks an assessment of attorney's fees, lost wages, interest, and a penalty, alleging unreasonable contest and delay by the city.
The referee again scheduled hearings on December 12, 1979, February 13, 1980 and April 9, 1980. Neither party presented evidence on any of those dates; however, during the April hearing, the referee did engage
[ 74 Pa. Commw. Page 237]
in a colloquy with counsel about the appropriateness of the ...