Appeals from the Order of the Workmen's Compensation Appeal Board in case of Doris J. Mumma w/o William J. v. Herre Bros., No. A-78330.
Charles E. Wasilefski, Foulkrod, Peters & Wasilefski, for Herre Bros., Inc.
Kent Price, with him Lee C. Swartz, Hepford, Swartz, Menaker & Wilt, for Doris J. Mumma, widow of William R. Mumma.
Eugene E. Pepinsky, Jr., with him Charles W. Rubendall, II, Keefer, Wood, Allen & Rahal, for Insurance Company of North America.
Judges Rogers, Blatt and Doyle, sitting as a panel of three. Opinion by Judge Blatt.
[ 75 Pa. Commw. Page 500]
Herre Bros., Inc. (Herre) appeals from an order of the Workmen's Compensation Appeal Board (Board) which affirmed a referee's award of benefits on a fatal claim petition brought by Doris J. Mumma (claimant), the widow of the decedent. 845 C.D. 1982. The Board's order has also been appealed by the claimant because it affirmed the referee in refusing counsel fees and permitted Herre's No-Fault carrier to be reimbursed in the amount of $5,000 from her workmen's compensation award. 937 C.D. 1982.
The decedent, who was employed by Herre as a truck driver, was involved in a work-related accident, and voluntarily entered the Reading Hospital where he received treatment for several fractured ribs and a laceration above the left eye. He left the hospital the same day. The next day, he went to his family doctor
[ 75 Pa. Commw. Page 501]
who recommended that he remain off from work for a few days. Seven days later he was pronounced dead on arrival at the Harrisburg Polyclinic Hospital, due to "1) Diffuse lobar pneumonia and 2) Multiple traumatic fractures, ribs, bilateral."
Herre argues that, because the decedent did not remain in the hospital on the day of his accident, he has forfeited his right to compensation, and cites to Section 306(f) of The Pennsylvania Workmen's Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 531(4) which provides in relevant part that:
If the employee shall refuse reasonable services of duly licensed practitioners of the healing arts, surgical, medical and hospital services, treatment, medicines and supplies, he shall forfeit all rights to compensation for any injury or any ...