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LONG SERVICE CO. v. WORKMEN'S COMPENSATION APPEAL BOARD (SCHELL) (07/22/86)

decided: July 22, 1986.

LONG SERVICE CO., INC., PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (SCHELL), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in the case of Robert J. Schell v. Long Service Co., Inc., No. A-87555.

COUNSEL

Donald B. Hoyt, Blakey, Yost, Bupp & Kilgore, for petitioner.

Raymond R. Smith, for respondent, Robert J. Schell.

John J. Sylvanus, Stetler & Gribbin, for intervenor, CNA Insurance.

Mark Woodbury, III, for intervenor, Rockwood Insurance Company.

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

Author: Barbieri

[ 99 Pa. Commw. Page 113]

Long Service Co., Inc., Petitioner, Employer, appeals here an order of the Workmen's Compensation Appeal Board (Board) affirming a referee's award to Robert J. Schell, Claimant, upon setting aside a final receipt, for total disability from injuries suffered by him when he fell a distance of 36 feet during the performance of his duties as a roofer. His injuries resulting from the fall were serious, including a fractured left femur, a fractured left hip, described as a "comminuted intertrochanteric fracture of the left hip" as well as other

[ 99 Pa. Commw. Page 114]

    injuries in the "inguinal area," and he has undergone serious and extensive surgery. In an effort to achieve rehabilitation, he was returned to some form of light work with the Employer for the period September 8, 1981 to March 31, 1982. The referee made the following pertinent findings:

7. Claimant received Workmen's Compensation benefits from February, 1973 until September 8, 1981 for temporary total disability.

8. On September 8, 1981 through the cooperation of the Keystone Rehabilitation Associates, Inc. Claimant returned to Defendant in a light duty job taylor [sic] made for his disabilities.

9. Upon returning to work on September 8, 1981, Claimant signed a Final Receipt, but the Receipt was signed when Defendant and Defendant-Carrier knew that Claimant was still suffering from his accident of February 1, 1973. ...


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