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FRANCIS M. GALLO v. WORKMEN'S COMPENSATION APPEAL BOARD (UNITED PARCEL SERVICE) (02/14/86)

decided: February 14, 1986.

FRANCIS M. GALLO, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (UNITED PARCEL SERVICE), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in the case of Francis M. Gallo v. United Parcel Service, No. A-85092.

COUNSEL

Irving M. Portnoy, with him, Richard J. Schubert, Litman, Litman, Harris, Portnoy and Brown, P.A., for petitioner.

Terry L. M. Bashline, Baginski & Bashline, for respondent, United Parcel Service.

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

Author: Palladino

[ 95 Pa. Commw. Page 159]

Francis M. Gallo (Claimant) appeals from an order of the Workmen's Compensation Appeal Board (Board) which affirmed a referee's decision granting a Termination Petition filed by United Parcel Service (Employer). We affirm.

In July of 1979, Claimant suffered an injury to his left wrist while in the course of his employment and, consequently, he was absent from work from July 31, 1979 to August 14, 1979. At the time of his injury, Claimant was working as a pre-loader, which required him to lift, sort and load packages onto Employer's delivery vehicles.

[ 95 Pa. Commw. Page 160]

Claimant was examined by Employer's physician on August 3, 1979, at which time he was diagnosed as suffering from tendonitis of the left wrist. On August 10, 1979, Claimant was again examined by Employer's physician and was informed that he could return to work. Thereafter, on August 14, 1979, Claimant returned to the same position he held prior to his injury. During the time he was absent from work because of his injury, Claimant received workmen's compensation benefits pursuant to a Notice of Compensation Payable. After his return to work, Claimant continued in his employment until September 19, 1979.

On October 16, 1979, Claimant informed Employer that he was disabled as a result of the conditions of his employment and that he did not intend to return to work at that time. Thereafter, Employer filed a Termination Petition in July of 1980, alleging that Claimant had suffered a work-related injury on July 31, 1979 and that he returned to the same work at the same rate of pay on August 14, 1979.

At hearings held before a referee, medical testimony was presented by Employer to the effect that, on August 14, 1979, Claimant could return to his previous employment without limitations. Claimant testified, however, that he could not remain on the job because of psychiatric problems caused by harassment he received from his supervisors. Claimant believed that the harassment was the result of his inability, because of his wrist injury, to do his job efficiently.

The referee found that, by August 14, 1979, Claimant had fully recovered from his wrist injury and that he could return to his previous employment. Moreover, the referee found that Claimant's psychiatric problems were unrelated to his employment. Accordingly, the referee concluded ...


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