Appeal from the Order of the Workmen's Compensation Appeal Board in the case of Agnes V. Blair v. Fullington Bus Company, No. A-83294.
Agnes V. Blair, for herself, petitioner.
Jeams M. Horne, McQuaide, Blasko, Schwartz, Fleming & Faulkner, Inc., for respondents.
Judges Rogers, Craig and Colins, sitting as a panel of three. Opinion by Judge Craig.
[ 80 Pa. Commw. Page 460]
Agnes Blair, pro se, appeals an order by the Workmen's Compensation Appeal Board which, in affirming a referee's decision, terminated her benefits, but also ordered her employer and its insurance carrier, to pay Ms. Blair compensation which they had unilaterally suspended after she did not appear for a physical examination.
We must decide if substantial evidence of record supports the referee's finding that Ms. Blair is no longer disabled because of a work-related injury*fn1 and if section 314 of The Pennsylvania Workmen's Compensation Act*fn2 authorized the employer to suspend her
[ 80 Pa. Commw. Page 461]
benefits for non-compliance with a board order to submit to medical examination.*fn3
Ms. Blair was a bus maintenance worker at Fullington Bus Company when, on December 1, 1979, she experienced a bout of cellulitis which incapacitated her. Ms. Blair testified that her personal physician had informed her that she also suffered from hypertension and congestive heart failure. On February 20, 1980, the parties entered into a Notice of Compensation Payable.
After Ms. Blair failed to appear for three Fullington-scheduled physical examinations in 1980, Fullington obtained a board order dated September 26, 1980, mandating that she appear for an examination.
Because Ms. Blair did not comply with that order, Fullington filed a petition for suspension of benefits and suspended payments beginning October 27, 1980. Ms. Blair did not file an answer to the suspension petition but did request that hearings set for December, January and February be postponed.
On April 7, 1981, the referee held a hearing on the suspension petition and ordered Ms. Blair to appear for a physical ...