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EXXON COMPANY v. WORKMEN'S COMPENSATION APPEAL BOARD (GRDGON) (04/25/85)

decided: April 25, 1985.

EXXON COMPANY, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (GRDGON), RESPONDENT



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Robert W. Grdgon v. Exxon Oil Company, U.S.A., No. A-82203.

COUNSEL

J. Lawson Johnston, Dickie, McCamey & Chilcote, for petitioner.

Vincent J. Quatrini, Jr., for respondent, Robert W. Grdgon.

Judge MacPhail and Senior Judges Blatt and Barbieri, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 88 Pa. Commw. Page 643]

This is an appeal by Exxon Company, U.S.A. (Employer) from an order of the Workmen's Compensation Appeal Board (Board) which affirmed a referee's award of benefits to Robert W. Grdgon (Claimant). We affirm.

On January 2, 1979, Claimant was injured when the truck he was driving overturned. He was paid compensation pursuant to a Notice of Compensation Payable dated January 17, 1979. On February 15, 1979, Claimant returned to work with the understanding that he would be given light work. At that time, Claimant signed a Supplemental Agreement and a Final Receipt. Employer immediately discharged Claimant.

On July 16, 1979, Claimant filed a Petition to Set Aside the Final Receipt. At the hearing, the referee found that Claimant was induced to sign the Final Receipt by misrepresentation and that Claimant was

[ 88 Pa. Commw. Page 644]

    still suffering some residual disability as a result of his January 2, 1979 injury. The referee set aside the Final Receipt, finding Claimant totally disabled from January 2, 1979 to May 1, 1980, at which time he found Claimant able to return to work. The Board affirmed.

Employer filed a Petition for Rehearing which was granted. On December 3, 1980, the Board reaffirmed the decision of the referee. The instant appeal followed.

In a workmen's compensation case where, as here, the party with the burden of proof prevailed below and the Board did not take additional evidence, this Court's review is limited to a determination of whether constitutional rights were violated, an error of law committed, or findings of fact were unsupported by substantial evidence. Birk v. Workmen's Compensation Appeal Board, 59 Pa. Commonwealth Ct. 546, 430 A.2d 386 (1981). As the party who prevailed below, Claimant is entitled to the benefit of the most favorable inferences to be drawn from the evidence. Yellow Freight System v. Workmen's Compensation Appeal Board (McGill), 72 Pa. Commonwealth Ct. 500, 456 A.2d 1160 (1983).

In this appeal, Employer contends that (1) there is no evidence that Claimant was induced to sign the Final Receipt by misrepresentation and that (2) there is no evidence that Claimant was ...


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