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EDWARD HAMMER v. WORKMEN'S COMPENSATION APPEAL BOARD (GANNONDALE) (04/21/87)

decided: April 21, 1987.

EDWARD HAMMER, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (GANNONDALE), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board, in case of Edward J. Hammer v. Gannondale, No. A-87264.

COUNSEL

John H. Moore, for petitioner.

Carl N. Moore, Knox, Graham, McLaughlin, Gornall and Sennett, Inc., for respondent, Gannondale.

Judges Barry, Colins (p) and Palladino, sitting as a panel of three. Opinion by Judge Palladino.

Author: Palladino

[ 105 Pa. Commw. Page 357]

This is an appeal from an order of the Workmen's Compensation Appeal Board (Board) which affirmed a Referee's order dismissing Edward Hammer's (Petitioner) claim petition.

On February 12, 1980, Petitioner, while employed as a maintenance man at Gannondale (Employer), a home for girls, twice slipped and fell on ice injuring his elbow and shoulder. By the spring of 1980, Petitioner began to experience atrophy in his right arm and hand. However, Petitioner continued to work for his Employer until December, 1980, when, because of the progression of his symptoms, he was admitted to a hospital for medical tests.

Petitioner filed a claim petition for workmen's compensation benefits alleging nerve damage to his neck, right shoulder and arm. He contended that these injuries

[ 105 Pa. Commw. Page 358]

    resulted from his fall at work, in February, 1980. A hearing was held and the Referee concluded Petitioner failed to prove that any disability from which Petitioner was suffering resulted from an injury sustained in the course of employment. On appeal to the Board, the Referee's order was affirmed.

At issue in the appeal before this Court are the Referee's following findings of fact:

7. Taking into consideration all the testimony in the record, your Referee finds that although the Claimant did fall on February 12, 1980, the Claimant did not suffer any disability as a result of the said falls.

8. Taking into consideration all the testimony in the record, your Referee further finds that any disability from which the Claimant may be suffering is unrelated to any injury in the ...


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