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TRAVELERS INSURANCE COMPANY v. JOHN GUNSON (12/09/83)

decided: December 9, 1983.

TRAVELERS INSURANCE COMPANY, APPELLANT
v.
JOHN GUNSON, APPELLEE



Appeal from the Order of the Court of Common Pleas of Philadelphia County in case of John Gunson v. Travelers Insurance Company, No. 1045 September Term, 1981.

COUNSEL

Stephen J. Harlen, Swartz, Campbell & Detweiler, for appellant.

Robert J. Murphy, Murphy, Murphy & Murphy P.C., for appellee.

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

Author: Doyle

[ 79 Pa. Commw. Page 40]

This appeal, transferred from the Superior Court, reviews the propriety of a grant of supersedeas by the Workmen's Compensation Appeal Board on appeal of a referee's award of benefits.

On December 24, 1979, John Gunson (Claimant) filed a petition for benefits alleging that as a result of a work-related injury on April 11, 1978 he sustained a loss of use of his left arm. Following a hearing, a referee, on July 13, 1981 found Claimant to be entitled to compensation for loss of use of the left arm beginning June 21, 1978 at the rate of $213.00 per week for 410 weeks plus a twenty week healing period, pursuant to Section 306(c) of The Pennsylvania Workmen's Compensation

[ 79 Pa. Commw. Page 41]

Act (Act).*fn1 The employer's carrier, Travelers Insurance Company (Travelers), appealed the referee's decision to the Board and designated its appeal also as a Petition for Supersedeas.

When Travelers failed to pay the award, the Claimant, on September 11, 1981, filed a certified copy of the referee's award with the Court of Common Pleas of Philadelphia and judgment was entered in the amount of $95,497.10, pursuant to Section 428 of the Act, 77 P.S. § 921. On September 17, 1981, Travelers petitioned the court of common pleas to strike and/or open the judgment. On September 22, 1981, the Workmen's Compensation Appeal Board (Board) granted Travelers' request for supersedeas. On October 2, 1981 Travelers informed the court of common pleas of the action taken by the Board by filing a supplementary petition with the court. On April 28, 1982 the court of common pleas denied Travelers' motion to strike and/or open the judgment on the basis that the Board was without authority to grant the supersedeas.*fn2 Travelers appealed to the Superior Court and then moved to transfer the case to the Commonwealth Court. Transfer was granted on August 19, 1982.

Claimant's Petition for Review of the Board's order granting supersedeas was denied by order of this Court dated October 27, 1981. Claimant's Motion

[ 79 Pa. Commw. Page 42]

    to Quash, filed on September 15, 1982 has ...


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