Appeals from the Order of the Workmen's Compensation Appeal Board in case of Joseph L. Joseph, Jr. v. The Delphi Company and Ross & Kennedy, No. A-89387.
Raymond F. Keisling, Will, Keisling, Ganassi & McCloskey, for petitioner/respondent, Joseph L. Joseph, Jr.
Francis E. Pipak, Jr., with him, Daniel D. Harshman, Meyer, Darragh, Buckler, Bebeneck & Eck, for respondent/petitioner, Rockwood Insurance Company.
Robert C. Little, Burns, Manley & Little, P.C., for respondents, Ross & Kennedy Corporation and Bituminous Fire & Marine Insurance Company.
President Judge Crumlish, Jr., Judge Palladino, and Senior Judge Narick, sitting as a panel of three. Opinion by Judge Palladino. Senior Judge Narick concurs in the result only.
[ 108 Pa. Commw. Page 637]
Joseph L. Joseph (Claimant) and Rockwood Insurance Company (Rockwood) have filed cross-appeals from an order of the Workmen's Compensation Appeal Board (Board) which affirmed a referee's determination terminating Claimant's compensation as of January 11, 1983 and holding Rockwood liable for all previous benefits payable to Claimant.
Claimant was employed as an electrician with The Delphi Company (Delphi) when, in July, 1981 and in the course of his employment, he sustained a work-related injury to his left knee. Delphi was an electrical subcontractor working for Ross & Kennedy Corp. (R & K), a general contractor. As a result, Claimant filed claim petitions against Delphi, R & K, and Delphi's alleged
[ 108 Pa. Commw. Page 638]
Workmen's Compensation insurance carrier, Rockwood. Several hearings were held and in January 1984, the referee concluded that Claimant was entitled to compensation for total disability from July 10, 1981 to April 19, 1982 and partial disability compensation from April 19, 1982 to January 12, 1984, the date of the order. The referee also found that Delphi had been uninsured at the time of injury and, therefore, that R & K, as the general contractor, was liable to pay Claimant's medical expenses, compensation and costs. Rockwood was released from any liability for Claimant's compensation.
R & K appealed to the Board, attaching an ex parte letter, obtained from the referee, which apparently*fn1 stated that the record had been closed prior to receipt of a memorandum of law from R & K regarding the issue of liability between Rockwood and Bituminous Fire & Marine Insurance Co. (Bituminous), the insurance carrier for R & K.*fn2 The Board issued the following order:
[ 108 Pa. Commw. Page 639]
In reviewing this Record it would appear it was prematurely closed. The Board is in receipt of an affidavit of the referee indicating he did not consider an issue in the case. We therefore remand ...