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MILTON WEISS v. WORKMEN'S COMPENSATION APPEAL BOARD (BIRCH) (05/28/87)

decided: May 28, 1987.

MILTON WEISS, T/A ATLAS HEATING AND COOLING, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (BIRCH), RESPONDENTS



Appeal from the order of the Workmen's Compensation Appeal Board, in case of Stanford Birch v. Milton Weiss t/a Atlas Heating & Cooling, No. A-84239.

COUNSEL

Lee M. Herman, with him, Brian R. Steiner, Steiner and Segal, for petitioner.

Robert F. Kuhn, with him, Eli N. Donsky, Donsky, Levin & Dashevsky, P.C., for appellee, Stanford Birch.

Thomas R. Bond, LaBrum & Doak, for appellee, Allstate Insurance Company.

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

Author: Blatt

[ 106 Pa. Commw. Page 362]

Milton Weiss, trading as Atlas Heating & Cooling (employer), petitions for review of the order of the Workmen's Compensation Appeal Board (Board) which dismissed his appeal and affirmed a referee's decision which awarded compensation to Stanford Birch (claimant).

[ 106 Pa. Commw. Page 363]

The Board also assessed penalties and attorney fees against the employer and released the workmen's compensation insurance carrier, the Allstate Insurance Company (Allstate), from liability.

Near the end of his workday on April 17, 1978, while in the course of his employment with the employer, the claimant fell from a ladder and injured his right knee. He reported the injury to the employer that same day, upon his return to the employer's business location.

After receiving initial medical treatment at the Torresdale Medical Center, the claimant was referred to a Dr. Cautilli, who attempted to have him admitted to the Nazareth Hospital (Nazareth). Nazareth, however, refused admission because of the employer's lack of medical insurance or workmen's compensation insurance.

Subsequently, the claimant came under the care of a Dr. Blaker, who referred him to the Jefferson University Hospital (Jefferson) for an arthrogram examination, in which he was found to have an abnormality of the medial femoral condyle, with a diagnosis of Osteochondritis Dissecans. Thereafter, he came under the care of a Dr. Beller, who, in his examination, found right knee pain with some form of internal derangement and significant organic atrophy of the right thigh and calf. Dr. Beller suggested to the claimant that he avoid heavy work in regard to lifting, climbing, squatting and prolonged standing, and on Dr. Beller's further instructions, the ...


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