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BYRON GARRISON v. WORKMEN'S COMPENSATION APPEAL BOARD (COMMONWEALTH PENNSYLVANIA (04/09/85)

decided: April 9, 1985.

BYRON GARRISON, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (COMMONWEALTH OF PENNSYLVANIA, SUBSEQUENT INJURY FUND), RESPONDENT



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Byron Garrison v. Commonwealth of Pennsylvania, Subsequent Injury Fund, No. A-84593.

COUNSEL

Paul V. Tatlow, with him, Thomas F. McDevitt, Thomas F. McDevitt, P.C., for petitioner.

Henry A. Riley, Assistant Counsel, for respondent.

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

Author: Kalish

[ 88 Pa. Commw. Page 527]

This is a petition for review of an order of the Workmen's Compensation Appeal Board (Board) affirming the order of the referee. We vacate and remand.

The referee found the following facts:

1. While working for Central-Penn National Bank as a collector claimant was suffering from a bilateral non-occupational glaucoma with a slightly impaired vision of the right eye, but a severely limited vision of the left eye.

2. On May 31, 1977 he had a work related auto accident resulting in the loss of his right eye.

3. As a result of this accident he suffered a temporary total disability from 6/1/77 to 8/9/77.

[ 88 Pa. Commw. Page 5284]

. Sometime subsequent to this accident he lost the vision of his left eye, as a result of the non-occupational glaucoma.

Claimant was awarded temporary total disability from June 1, 1977 to August 9, 1977 and compensation for the loss of his right eye ...


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