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HARRY W. ANDERSON v. WORKMEN'S COMPENSATION APPEAL BOARD (PENN DAIRIES (02/10/84)

decided: February 10, 1984.

HARRY W. ANDERSON, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (PENN DAIRIES, INC.), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in the case of Harry W. Anderson v. Penn Dairies, Inc., No. A-82758.

COUNSEL

D. Frederick Muth, Rhoda, Stoudt & Bradley, for petitioner.

Richard A. Bausher, Stevens & Lee, for respondent, PMA Insurance Company.

Judges Craig, Doyle and Blatt, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 80 Pa. Commw. Page 254]

Harry W. Anderson (claimant) appeals here an order of the Workmen's Compensation Appeal Board (Board) affirming a decision by the referee which denied

[ 80 Pa. Commw. Page 255]

    benefits pursuant to Section 301(c)*fn1 of The Pennsylvania Workmen's Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 411, and also denied a petition to set aside a final receipt pursuant to Section 434 of the Act, 77 P.S. § 1001.

The claimant was employed by Penn Dairies, Inc. (employer) as a delivery man until January of 1978, when he sustained injuries to his back at work. He received benefits until August of 1978, whereupon he executed a final receipt and returned to work. In January of 1979, he complained of back and chest pains and again stopped working until September of 1980, when he resumed employment with another employer.

The claimant contends that the Board erred in denying his petition to set aside the final receipt he had signed claiming specifically that the Board capriciously disregarded competent evidence presented on his behalf, which was the only expert testimony presented at the hearing and which he says clearly establishes that he was disabled as a result of the residual effect of his prior injuries.

Section 434 of the Act, 77 P.S. § 1001, provides:

A final receipt, given by an employe or dependent entitled to compensation under a compensation agreement notice or award, shall be prima facie evidence of the termination of the employer's liability to pay compensation under such agreement notice or award: Provided, however, That a referee designated by the department may, at any time within three ...


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