Appeal from the Order of the Workmen's Compensation Appeal Board in case of Arnold Jazloveiticki v. Lipton's Bakery, No. A-81254.
David Freeman, for petitioner.
Wendy M. Johnston, with her, Charles W. Craven, Marshall, Dennehey, Warner, Coleman & Goggin, for respondents.
Judges Doyle, Palladino and Barbieri, sitting as a panel of three. Opinion by Judge Barbieri.
[ 83 Pa. Commw. Page 484]
Arnold Jazloveiticki, Petitioner, appeals here the action of the Workmen's Compensation Appeal Board (Board) in reversing a referee's award for total disability.
Petitioner, a baker employed by Lipton's Bakery, suffered an injury to his back when he fell on January 6, 1973. A decision by a referee under date of November 28, 1975, awarded compensation benefits for various periods of total and partial disability. In that decision the referee made the following findings as to injuries suffered by Petitioner:
4. That the Claimant sustained the following injuries arising from the accident; herniated disc, acute lumbosacral disc disease, acute low back sprain, lumbar spondylosis, severe right sciatica, sprain of right knee, acute post traumatic
[ 83 Pa. Commw. Page 485]
anxiety and depression with severe shock to his nervous system.
5. That Claimant was admitted to Episcopal Hospital from January 16, 1973 through February 2, 1973, during which time traction, physical therapy, analgesics and muscle relaxants were administered. A myelogram was performed which revealed the presence of a defect compressing the spinal nerves at the L-5-S-1 level. The persistence and severity of his symptoms required Claimant to be readmitted to Episcopal Hospital on April 16, 1973. On April 18, 1973 he underwent spinal surgery with laminectomies and removal of the facets of L-3, L-4 and L-5. There was a degenerated disc present at the L-4 to L-5 level which was also removed. The Claimant was discharged on May 4, 1973. Presently the Claimant still experiences considerable pain in his back and knee areas.
While still receiving partial disability benefits under that decision, Claimant filed the instant Petition for Modification alleging therein that his total disability recurred as of September 1, 1976. To this petition the defendant filed an answer alleging that Claimant's total disability was due to a new accident which occurred on September 1, 1976. Claimant's evidence consisted basically of his own testimony and the medical testimony of his attending physician, Dr. Lewis H. Castor. The defendants, Lipton's Bakery and its insurer, offered the testimony of Dr. Henry A. Shenkin, a neurosurgeon who operated on Claimant in April of 1973, and Dr. Martin L. Beller, an orthopedic ...