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FRANKLIN SMELTING COMPANY v. WORKMEN'S COMPENSATION APPEAL BOARD (STARKES) (08/19/83)

decided: August 19, 1983.

FRANKLIN SMELTING COMPANY, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (STARKES), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in the case of Fred Starkes v. Franklin Smelting, No. A-81357.

COUNSEL

William F. Sweeney, Schubert, Bellwoar, Mallon & Walheim, for petitioner.

Marc S. Jacobs, Galfand, Berger, Senesky, Lurie & March, for respondent.

Judges Rogers, Craig and MacPhail, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 76 Pa. Commw. Page 467]

In this workmen's compensation appeal by an employer, Franklin Smelting Company, from decisions of the referee and Workmen's Compensation Appeal Board awarding compensation to claimant Fred

[ 76 Pa. Commw. Page 468]

Starkes, the employer questions (1) the conclusion that the injury arose in the course of employment, (2) whether there is substantial evidence support for that conclusion, and (3) whether or not the employer was entitled to a continuance or remand for a rehearing on the basis of after-discovered evidence.

The referee's findings included findings that:

1. The claimant worked the 7:30 a.m.-4:00 p.m. shift as a maintenance man;

2. Around 6:50 a.m. on the date of the injury, the claimant punched in at the timeclock location; and

3. While crossing a public street from that company building to another company building in order to change clothes in the employer's locker room, the claimant was struck and injured by an automobile.

The referee also found that the claimant customarily arrived at work some time shortly before one-half hour early, to change clothes before starting work at 7:30 a.m. The referee expressly classed as credible the claimant's testimony concerning the time he ...


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