Appeal from the Order of the Workmen's Compensation Appeal Board in case of Gregory Gnall v. Bethlehem Mines Corp., No. A-81173.
Robert J. Gillespie, Sr., Bigelow, Gillespie & Cooper, for petitioner.
James R. Pocius, Lenahan & Dempsey, for respondents.
Judges Williams, Jr., Craig and Doyle, sitting as a panel of three. Opinion by Judge Craig.
[ 75 Pa. Commw. Page 526]
Gregory Gnall appeals from an order of the Workmen's Compensation Appeal Board, which reversed the referee's decision and denied Gnall's petition to set aside a final receipt.
Gnall suffered a compensable injury to his back on October 19, 1976, and his employer, Bethlehem Mines Corporation, made payments pursuant to The Pennsylvania Workmen's Compensation Act*fn1 until December 10, 1976, when Gnall signed a final receipt.
On October 13, 1978, Gnall again injured his back while working, and on March 12, 1980, he filed both a new claim petition and a petition to set aside the final receipt.
[ 75 Pa. Commw. Page 527]
After several hearings, at which the parties presented evidence on both petitions, the referee dismissed Gnall's claim petition, but granted his petition to set aside the final receipt and awarded compensation.
Bethlehem appealed that part of the referee's order setting aside the final receipt, and the board reversed the referee's decision on the grounds that Gnall had not filed the petition within the three-year time limit prescribed by § 434 of the Act.*fn2
Gnall argues here, essentially, that because his employer did not raise the § 434 time limit before the referee, it ...