Appeal from the Order of the Workmen's Compensation Appeal Board in case of Robert Brodbeck v. Preston Trucking Co., No. A-80796.
Carl M. Mazzocone, with him Christina J. Barbieri, Kates, Livesey & Mazzocone, P.C., for petitioner.
Patrice Anne Toland, LaBrum and Doak, for respondent, Preston Trucking Company.
Judges Rogers, Craig and MacPhail, sitting as a panel of three. Opinion by Judge Craig.
[ 76 Pa. Commw. Page 373]
Claimant Robert Brodbeck appeals an order of the Workmen's Compensation Appeal Board, which affirmed
[ 76 Pa. Commw. Page 374]
a referee's determination to grant a modification petition filed by the claimant's former employer, Preston Trucking Company. On the principal issue, substantiality of the evidence,*fn1 we affirm, but remand for additional determinations.
While employed by Preston as a platform worker, the claimant, on September 19, 1976, sustained a disabling injury to his neck, for which he collected compensation benefits at the weekly rate of $187. On July 27, 1978, Preston filed a petition to terminate compensation based on Dr. Henry Shaenkin's "Physician's Affidavit of Full Recovery," issued after his examination of the claimant on July 14, 1978. The filing of
[ 76 Pa. Commw. Page 375]
that petition, which Preston subsequently amended to a petition to modify, automatically invoked a supersedeas on benefits under section 413 of The Pennsylvania Workmen's Compensation Act.*fn2
Following hearings at which four physicians testified as to the claimant's physical and psychiatric status, and a psychologist testified as to the availability of jobs suitable for the claimant, the referee granted Preston's modification petition on the basis of findings that:
7. [T]he claimant's psychiatric status does not prevent him from engaging in his former occupation as a platform worker and that in addition, the claimant could perform sedentary work under his present ...