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GLENN THOMAS MELLOR v. WORKMEN'S COMPENSATION APPEAL BOARD (WILSON TIRES (12/18/86)

decided: December 18, 1986.

GLENN THOMAS MELLOR, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (WILSON TIRES, INC.), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board, in case of Glenn Thomas Mellor v. Wilson Tires, Inc., No. A-87042.

COUNSEL

Robert V. Campedel, Zemprelli, Clipper and Campedel, for petitioner.

J. Lawson Johnson, for respondent, Wilson Tires, Inc.

Judges MacPhail, Colins and Palladino, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 102 Pa. Commw. Page 505]

Glenn Thomas Mellor (Claimant) appeals from an order of the Workmen's Compensation Appeal Board

[ 102 Pa. Commw. Page 506]

(Board) which affirmed a referee's decision denying Claimant's Petition to Set Aside Final Receipt. We affirm.

Claimant injured his back on February 22, 1980 while doing his job of changing industrial tires on payloaders and trailer trucks. Claimant was paid compensation for total disability pursuant to an agreement of compensation payable from the date of his injury until April 13, 1980. On May 15, 1980, Claimant executed a Final Receipt.

Claimant returned to work on April 14, 1980. He testified*fn1 that he continued to suffer back pain, that he was treated frequently by a chiropractor, Dr. Robert L. Miller, and that he continued working until about March 17, 1982, when he left work because of his back pain. He entered the hospital on March 29, 1982 and was discharged on April 2, 1982, the hospital records showing that his diagnosis was severe low back pain. On June 7, 1982, Claimant filed his Petition to Set Aside Final Receipt, alleging that he was still under medical treatment.

In his quest to gain relief, Claimant visited Dr. Edward N. Hanley, Jr., an orthopedic surgeon, on August 13, 1982. Dr. Hanley put Claimant in a body cast for six weeks and assigned Claimant physical therapy. On November 28, 1982, Dr. Hanley released Claimant for return to work without restrictions. Claimant's former employer has gone out of business and Claimant has been unable to find another job. On March 23, 1983, Claimant visited Dr. Hanley once again, telling him that his back pain had been much improved but had returned the previous month while Claimant was washing his car.

[ 102 Pa. Commw. Page 507]

After a series of hearings and depositions, the referee dismissed Claimant's Petition to Set Aside on September 27, 1983. The Board affirmed the referee's order on September 27, ...


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