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FORBES HEALTH SYSTEM v. WORKMEN'S COMPENSATION APPEAL BOARD (JOHN WASHINGTON) (07/27/83)

decided: July 27, 1983.

FORBES HEALTH SYSTEM, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (JOHN WASHINGTON), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of John Washington v. Forbes Health System, No. A-79984.

COUNSEL

Fred C. Trenor, Meyer, Darragh, Buckler, Bebenek & Eck, for petitioner.

No appearance for respondents.

President Judge Crumlish, Jr. and Judges Williams, Jr. and Doyle, sitting as a panel of three. Opinion by Judge Doyle.

Author: Doyle

[ 75 Pa. Commw. Page 640]

This is an appeal by Forbes Health System (Employer) from the order of the Workmen's Compensation Appeal Board (Board) which affirmed the decision of a referee granting workmen's compensation benefits to John Washington (Claimant). We affirm the order of the Board.

Claimant was employed as a porter at the Employer's premises, Columbia Hospital. On January 19, 1978, while shoveling snow on the hospital grounds, Claimant experienced chest pains. Although the incident was not diagnosed as a heart attack, Claimant was hospitalized for a period of twelve days. Thereafter, Claimant returned to work on February 13, 1978, and continued working until April 7, 1978. On this date, while waxing a floor at the hospital, Claimant again suffered chest pains which resulted in his hospitalization. Claimant has not worked since this April injury.

On March 2, 1978, the Employer issued a Notice of Compensation Payable which described the nature of the injury as "chest pains" and granted Claimant compensation at the rate of $110.40 per week beginning

[ 75 Pa. Commw. Page 641]

    on January 19, 1978. Claimant was paid such compensation until February 13, 1978, when he returned to work. On June 2, 1978, the Employer filed a petition to terminate compensation payable as of February 13, 1978. The Employer contended that Claimant had recovered from the injuries sustained on January 19, 1978 when he returned to work on February 13, 1978. In addition, the Employer argues that the Notice of Compensation Payable concerning the January 19, 1978 injury should be stricken.

Following a hearing held on December 13, 1978, the referee issued his decision which included the following findings of fact:

7. That the claimant has presented evidence to establish that the disability attributable to the injury which was sustained in the course of employment for defendant has in fact not ceased and terminated.

8. That your Referee finds as a fact that the claimant worked from February 13, 1978 until April 7, 1978 and had an exacerbation to his ...


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