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DOROTHY K. NEWTON v. WORKMEN'S COMPENSATION APPEAL BOARD (DEPARTMENT LABOR AND INDUSTRY ET AL.) (05/25/84)

decided: May 25, 1984.

DOROTHY K. NEWTON, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (DEPARTMENT OF LABOR AND INDUSTRY ET AL.), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Dorothy K. Newton v. Department of Labor and Industry, No. A-83368.

COUNSEL

Dorothy K. Newton, petitioner, for herself.

Walter E. Werner, III, Assistant Chief Counsel, for respondent, Workmen's Compensation Appeal Board.

Judges MacPhail, Barry and Blatt, sitting as a panel of three. Opinion by Judge Blatt.

Author: Blatt

[ 82 Pa. Commw. Page 535]

Dorothy K. Newton (claimant), a pro se litigant, appeals here an order of the Workmen's Compensation Appeal Board (Board).

The claimant was employed as a hearing stenographer at the referee's office of the Board in New Castle, Pennsylvania for approximately nine years. Her duties, essentially, consisted of taking testimony by shorthand and typing transcripts as well as the referee's decisions. On November 20, 1978, she was awarded compensation for total disability resulting from work-related injury to her left wrist (tenosynovitis) and received payments from March 18, 1978 through November 5, 1978, when payments were suspended; and, on November 6, 1978, she returned to work at her regular wages, although she did no typing. On March 19, 1979, she filed again for benefits claiming that on February 26, 1979, she contracted tenosynovitis of the extensor pollicus longus of her right arm as a result of her typing duties, albeit she lost no work. This petition was dismissed in July of 1980 because the claimant failed to appear and prosecute. The Board, however, subsequently reversed and remanded for a new hearing. On August 4, 1980, the claimant informed her employer that she would not return to work because of tenosynovitis of her right

[ 82 Pa. Commw. Page 536]

    wrist, the recurrence of tenosynovitis of her left wrist and epecondylitis of both elbows, and, on August 11, 1980, she filed a petition to reinstate compensation because her left arm had become permanently and totally disabled. On the same date, she also filed a petition for benefits claiming that she was disabled as a result of tenosynovitis of her right arm.

All three petitions were consolidated, and a hearing was held before the referee, who subsequently made the following order:

AND NOW this 18th day of February 1982 based upon the foregoing Findings of Fact and Conclusions of Law, your Referee hereby: (1) directs and orders the defendant and its insurance carrier to pay claimant partial disability compensation at the weekly disability rate of $19.04 for the period of time from November 6, 1978 to September 11, 1979; (2) the subject reinstatement petition is hereby dismissed; (3) the suspension granted by Referee Morrison pertaining to claimant's left wrist effective as of November 6, 1978 shall continue since claimant still suffers from some degree of disability; (4) claimant is granted a suspension of compensation benefits under her claim petition for her right arm as of August 4, 1980 since she still suffers from some degree of disability and (5) the remanded claim petition seeking a suspension referred to in Finding of Fact No. 1 is hereby dismissed.

The Board affirmed, and the instant appeal ensued.

Section 706 of the Judicial Code, 42 Pa. C.S. ยง ...


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