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JOSEPH R. BARNA v. WORKMEN'S COMPENSATION APPEAL BOARD (JONES & LAUGHLIN STEEL CORPORATION) (03/04/85)

decided: March 4, 1985.

JOSEPH R. BARNA, SR., PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (JONES & LAUGHLIN STEEL CORPORATION), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in the case of Joseph R. Barna, Sr. v. Jones & Laughlin Steel Corporation, No. A-83872.

COUNSEL

Richard G. Spagnolli, with him, John W. McTiernan, McArdle, Caroselli, Spagnolli & Beachler, for petitioner.

Roy F. Walters, Jr., with him, Michael D. Sherman, Fried, Kane, Walters & Zuschlag, for respondent, Jones & Laughlin Steel Corporation.

Judges Craig and Palladino and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Palladino. Judge Williams Jr., did not participate in the decision in this case.

Author: Palladino

[ 88 Pa. Commw. Page 84]

Joseph R. Barna, Sr. (Claimant) appeals from an order of the Workmen's Compensation Appeal Board (Board) affirming a referee's decision which terminated his workmen's compensation benefits. We reverse.

The essential facts, as found by the referee, are not disputed. Claimant was injured during the course of his employment with Jones & Laughlin Steel Corporation (Respondent) on July 18, 1977. In August of 1977, Claimant was admitted to a hospital and diagnosed as suffering from eleven different ailments, including lumbosacral strain with radiculitis and latent syphilis with probable neurosyphilis.

On October 10, 1977 Respondent executed a notice of compensation payable which provided that Claimant had sustained acute lumbosacral strain and was entitled to compensation for a total disability beginning

[ 88 Pa. Commw. Page 85]

July 23, 1977. On October 2, 1978 the referee, upon stipulation of the parties, issued an order that Claimant be reimbursed for various medical expenses arising from the July 18, 1977 injury. On December 4, 1978 Respondent filed a petition for review with the referee alleging that there had been a change in the nature and character of Claimant's disability.*fn1

The referee, after a hearing, found that because the notice of compensation payable had admitted that the disability was work-related, Respondent was precluded from asserting that the disability was not

[ 88 Pa. Commw. Page 86]

    work-related from July of 1977 until the petition for review was filed on December 4, 1978. The referee concluded that Respondent was entitled to an order of termination as of December 4, 1978, however, ...


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