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CHEVIS DAVIS v. WORKMEN'S COMPENSATION APPEAL BOARD (UNITED PARCEL SERVICE) (10/17/85)

decided: October 17, 1985.

CHEVIS DAVIS, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (UNITED PARCEL SERVICE), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Chevis Davis v. United Parcel Service, No. A-84780.

COUNSEL

Loralyn McKinley, with her, Harold I. Goodman, for petitioner.

Lawrence L. Robinson, Thompson and Pennell, for respondents.

Judges Craig and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Senior Judge Barbieri.

Author: Barbieri

[ 92 Pa. Commw. Page 295]

Chevis Davis, Claimant, appeals here an order of the Workmen's Compensation Appeal Board (Board) reversing the decision of a referee in which compensation is awarded.

The proceedings in this case were instituted by Claim Petition filed July 2, 1981 on which compensation is claimed for a back injury suffered on June 11, 1981. In the petition it is stated that the back had previously been injured on May 28, 1981. Because of this averment of a prior injury, the Claim Petition was amended at a hearing on December 30, 1981 to read as a Reinstatement Petition. At a subsequent hearing on March 31, 1982, it was agreed that the claim for disability would be limited to the period from June 11, 1981 to August 27, 1981, apparently for the purpose of obviating the need to produce witnesses as to medical circumstances, the Claimant thus invoking Section 422 of the Pennsylvania Workmen's Compensation Act (Act),*fn1 77 P.S. ยง 1482, authorizing admission of a "certificate by any qualified physician" in cases involving "twenty-five weeks or less of disability." Although the referee's order does not state the extent or fix the period during which compensation should be payable, his basic finding is as follows:

9. The medical reports which were submitted as Claimant's exhibits indicate that Claimant suffered from a lumbo sacral strain. There is competent medical evidence of record indicating that Claimant sustained said injury during the course and scope of his employment on June 11, 1981, and further, that during the period from June 11, 1981 to August 27, 1981, the Claimant was unable to perform his duties

[ 92 Pa. Commw. Page 296]

    as a Sorter for the Defendant due to the nature of his injury.*fn2

The referee's order is as follows:

AND NOW, to wit, this 13th day of September 1982, the Claimant's Reinstatement Petition is hereby granted. (Claim Petition was amended to Reinstatement Petition.)

On appeal the Board reversed, noting that there was no medical evidence to support the referee's 12th ...


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