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NANCY J. PLITT v. WORKMEN'S COMPENSATION APPEAL BOARD (HANOVER KLONDIKE AND HOME INSURANCE COMPANY) (06/10/86)

decided: June 10, 1986.

NANCY J. PLITT, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (HANOVER KLONDIKE AND HOME INSURANCE COMPANY), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in the case of In Re: Claim of Nancy J. Plitt v. Hanover Klondike, No. A-88619.

COUNSEL

Diane G. Radcliff, Wiley & Benn, for petitioner.

Cal A. Leventhal, for respondents.

President Judge Crumlish, Jr., Judge Colins, and Senior Judge Rogers, sitting as a panel of three. Opinion by Senior Judge Rogers.

Author: Rogers

[ 98 Pa. Commw. Page 71]

Nancy J. Plitt (claimant) has filed a petition for review of the order of the Workmen's Compensation Appeal Board (Board) denying her a rehearing and affirming a referee's decision refusing her application for reinstatement of benefits. We reverse and remand.

The claimant was employed by Hanover Klondike (employer) for approximately one year when she sustained a compensable injury to her back on June 23, 1981. Pursuant to a notice of compensation payable, the

[ 98 Pa. Commw. Page 72]

    claimant received benefits through September 7, 1981 when she was released to work half days by her treating physician, Dr. Scott Harrison. She worked three half days when she was laid off by her employer for lack of work. On October 10, 1981, the claimant signed a final receipt.

On April 28, 1983, the claimant gave birth to a child. She filed a petition for reinstatement of compensation on October 18, 1983, under Section 413 of The Pennsylvania Workmen's Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. ยง 772, alleging that following the delivery of her child the symptoms of her back injury worsened rendering her unable to work.

At a hearing before a referee conducted on January 17, 1984, the claimant testified that after she was injured she was treated by Dr. Scott Harrison at a hospital; that a week or two after she was released from the hospital she was in pain again, but Dr. Harrison told her to try to go back to work half days and to contact him if she had any difficulty. Consequently she returned to her job for the three days earlier mentioned. She also testified that from September 1981 through June 1983 she received treatments from chiropractors and in 1983 sought the help of a physical therapist, all on account of pain. After the birth of her child, she began consulting Dr. Douglas Kent Sanderson, a board certified orthopedic surgeon. The claimant also described her present physical condition as one of disability on account of back pain.

The referee received the deposition of Dr. Sanderson, claimant's treating physician, and of Dr. Perry A. Eagle, the medical expert. Dr. Sanderson testified that there was a causal connection between the claimant's present disability and her original injury and ...


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