Appeal from the Order of the Workmen's Compensation Appeal Board in the case of Eugene Hannigan v. Travelers Insurance Company, No. A-87795.
Charles S. Katz, Jr., Swartz, Campbell & Detweiler, for petitioner.
Daniel E. Murray, M. Mark Mendel, Ltd., for respondent, Eugene Hannigan.
Judges MacPhail and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Senior Judge Barbieri.
[ 99 Pa. Commw. Page 124]
Travelers Insurance Company, Employer, appeals here an order of the Workmen's Compensation Appeal Board (Board) which affirmed an award to Eugene Hannigan, Claimant, of total disability benefits under provisions of The Pennsylvania Workmen's Compensation Act (Act).*fn1 We will affirm.
The principal issue presented for our review by Petitioner-Employer is whether or not the Claim Petition on which benefits were awarded, filed September 18, 1981, should have been deemed barred for having been filed more than three years after the injury suffered by Claimant on October 22, 1977.*fn2
The following referee's findings of fact are supported by the testimony:
4. At approximately 10:30 a.m., Saturday, October 22, 1977, claimant slipped on a wet stairway at the defendant's drive-in facility, put his right hand down to break his fall and felt a snap in the right arm and shoulder but continued to work until 12:30 p.m.
5. Monday morning October 24, 1977, claimant called the center city office of defendant and reported the accident and his injury to the claims manager, Kerby Conway.
[ 99 Pa. Commw. Page 12511]
. Claimant submitted his bills to defendant, Travellers [sic], as he was instructed to be paid under the Workmen's Compensation Claim.
12. As a result of the continuing disability and pain, claimant was forced to leave his employment with defendant on April 25, 1979.
13. Claimant was not aware until April of 1979 that defendant had not filed a petition and, in fact, the Workmen's Compensation Claim had never been opened, despite ...