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BLAZ GALLICK v. WORKMEN'S COMPENSATION APPEAL BOARD (DEPARTMENT ENVIRONMENTAL RESOURCES (08/24/87)

decided: August 24, 1987.

BLAZ GALLICK, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (DEPARTMENT OF ENVIRONMENTAL RESOURCES, BUREAU OF HUMAN RESOURCES MGMT.), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board, in case of Blaz Gallick v. Department of Environmental Resources, No. A-86335.

COUNSEL

Joyce J. Sweinberg, for petitioner.

Frederick H. Hobbs, with him, Paul J. Dufallo, for respondent, Department of Environmental Resources, Bureau of Human Resources Management.

Judges MacPhail and Barry, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge Barry.

Author: Barry

[ 108 Pa. Commw. Page 618]

Blaz Gallick (claimant) appeals from an order of the Workmen's Compensation Appeal Board (Board) which affirmed the referee's decision to grant the termination petition of the Department of Environmental Resources, Bureau of Human Resources Management (employer) and its insurer, State Workmen's Insurance Fund (insurer).

On April 23, 1981, the claimant sustained a work related injury for which compensation was paid commencing

[ 108 Pa. Commw. Page 619]

May 1, 1981. A termination petition was filed on April 16, 1983 together with a physician's affidavit of recovery alleging that the claimant's disability had ceased as of March 23, 1983.

Accordingly, the insurer ceased making compensation payments to the claimant as of March 22, 1983, pursuant to the automatic supersedeas provisions of Section 413(a) of The Pennsylvania Workmen's Compensation Act (Act).*fn1

A hearing on the termination petition was scheduled for May 12, 1983, notice of which was mailed to the claimant. The claimant did not appear at the hearing either in person or by representative. The employer appeared at the hearing and presented the affidavit of recovery of Martin A. Cohen, M.D., in support of its termination petition.

Based upon Dr. Cohen's affidavit, the only evidence presented at the hearing, the referee found that the claimant was able to return to work on March 23, 1983, without further loss of earning power and disability.*fn2 Further, he concluded that the employer had sustained its burden to show that disability resulting from the claimant's work-related injury ceased and terminated as of March 23, 1983,*fn3 and granted the employer's termination petition.

Notice of the referee's decision was mailed to the claimant from which he filed a timely appeal to the Board. The Board affirmed the referee's decision stating that it had no basis upon which to disagree with the referee inasmuch as his findings were based on competent evidence. This ...


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