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WILLIAM R. EVANS v. WORKMEN'S COMPENSATION APPEAL BOARD (ANCHOR HOCKING CORPORATION) (02/08/85)

decided: February 8, 1985.

WILLIAM R. EVANS, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (ANCHOR HOCKING CORPORATION), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of William R. Evans v. Anchor Hocking Corporation, No. A-84594.

COUNSEL

Thomas P. Geer, for petitioner.

Paul T. Grater, for respondent, Anchor Hocking Corporation.

Judges Rogers, MacPhail and Palladino, sitting as a panel of three. Opinion by Judge MacPhail. This decision was reached prior to the resignation of Judge Williams, Jr.

Author: Macphail

[ 87 Pa. Commw. Page 437]

William R. Evans (Claimant) appeals to this Court from an order of the Workmen's Compensation Appeal

[ 87 Pa. Commw. Page 438]

Board (Board) which reversed the decision of the referee granting Workmen's Compensation benefits.*fn1 We affirm the Board's order.*fn2

Anchor Hocking Corporation (Employer) hired Claimant on May 13, 1974 as an industrial engineer. He was under the direct supervision of senior industrial engineer Joseph P. Brisley and general supervisor Richard Lizza. From the start of his employment, Claimant's supervisors observed that Claimant experienced difficulty completing his work. In counseling sessions routinely held by Employer for all employees, the supervisors offered their assistance to Claimant.*fn3

In April of 1975, Lizza told Claimant that he was not working up to his potential and that he was not communicating enough about his work. At no time did the supervisors threaten to fire Claimant or advise him that his job was in jeopardy. Immediately

[ 87 Pa. Commw. Page 439]

    after this conversation, Claimant experienced difficulty sleeping because he feared he might lose his job.*fn4

Nevertheless, Claimant continued in his position with Employer until April 7, 1976, when Claimant reported off from work. Claimant was subsequently hospitalized*fn5 under the care of Dr. Lebovitz, a psychiatrist. Claimant was diagnosed as in a severe agitated depression. After, treatment, including psychotropic drugs and shock therapy, Dr. Lebovitz recommended that Claimant return to work by June of 1977. Claimant worked from June 2, 1977 through July 25, 1977, when his ...


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