Appeal from the Order of the Workmen's Compensation Appeal Board in the case of Joseph Spears v. Newman Company, Inc., No. A-83142.
Jay Meyers, for petitioner.
James K. Martin, with him, Eric G. Daniel, for respondents.
Judges Rogers, Craig and Barbieri, sitting as a panel of three. Opinion by Judge Barbieri.
[ 85 Pa. Commw. Page 347]
Joseph Spears, Claimant, appeals here an order of the Workmen's Compensation Appeal Board affirming a referee's dismissal of Claimant's petition for reinstatement of compensation.
Claimant suffered work injuries to his head and neck on October 3, 1975 while in the employ of Newman & Company, Inc., Defendant, for which he was paid total disability compensation until payments were terminated as of August 28, 1977, under a referee's decision dated October 25, 1977. That decision was based upon a stipulation presented to the referee by the parties and was not appealed. Thereafter, on September 15, 1978, Claimant filed the instant Petition for Reinstatement of Compensation alleging that his disability recurred on February 20, 1978. The requested reinstatement date was changed to August 28, 1977 in the course of the following colloquy:
[ 85 Pa. Commw. Page 348]
THE REFEREE: Let's say that the Petition for Reinstatement has been orally amended to request reinstatement as of -- what date?
MR MEYERS: Let's make it formally September 1, 1977.
THE REFEREE: The evidence presented is that the disability has never abated?
THE REFEREE: How can you say September 1, 1977? I don't see any evidence about that.
MR. MEYERS: He has indicated that he hasn't really felt any better since the end of August when he signed that.
THE REFEREE: He didn't sign ...