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URICK FOUNDRY COMPANY AND PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY v. WORKMEN'S COMPENSATION APPEAL BOARD (AARNIO) (08/08/85)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: August 8, 1985.

URICK FOUNDRY COMPANY AND PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY, PETITIONERS
v.
WORKMEN'S COMPENSATION APPEAL BOARD (AARNIO), RESPONDENTS

Appeal from the Order of the Workmen's Compensation Appeal Board in the case of David L. Aarnio v. Urick Foundry Company, No. B-85360.

COUNSEL

Howard N. Plate, with him, Joseph J. May, Plate, Shapira, Hutzelman, Berlin and May, for petitioner.

Robert B. McCullough, Evans, Johnson, Scarpitti, McCullough & Wittman, for respondent, David L. Aarnio.

Judges Craig and Doyle, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Doyle.

Author: Doyle

[ 91 Pa. Commw. Page 25]

Urick Foundry Company (Employer) appeals from the order of the Workmen's Compensation Appeal Board (Board) which reversed the referee's dismissal of David L. Aarnio's (Claimant's) petition to set aside final receipt.

Claimant sustained a compensable injury on April 10, 1975, and began receiving workmen's compensation under a notice of compensation payable filed by Employer. Claimant returned to work in December of 1978 and later signed a final receipt which acknowledged full recovery from work-related disability as of December 4, 1978 and further acknowledged that disability terminated December 3, 1978.

On December 4, 1981, Claimant filed a claim petition which was treated by the referee as a petition to set aside a final receipt. The referee dismissed the petition, finding that the petition had not been filed "within three years from the date to which payments have been made," as required under Section 434 of The Pennsylvania Workmen's Compensation Act (Act),*fn1 77 P.S. ยง 1001. On appeal the Board reversed, holding that the three year limitation period ran from the date Claimant cashed his final compensation check, December 19, 1978. Thus, the Board concluded that the petition had been filed within three years of the date of payment, and remanded the case for a consideration

[ 91 Pa. Commw. Page 26]

    of the merits.*fn2 Unfortunately, we cannot reach the substantive issue because the Board's remand order is interlocutory and not appealable. Alan Wood Steel Co. v. Workmen's Compensation Appeal Board (Adams), 74 Pa. Commonwealth Ct. 230, 459 A.2d 887 (1983). Even though this issue is not raised by the parties we must raise it sua sponte. Hartman v. Workmen's Compensation Appeal Board, 67 Pa. Commonwealth Ct. 65 445 A.2d 1364 (1982).

Order

Now, August 8, 1985, the above captioned appeal is quashed in accordance with the foregoing opinion.

Disposition

Appeal quashed.


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