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CHARLES J. TAYLOR v. WORKMEN'S COMPENSATION APPEAL BOARD (DOYLESTOWN TOWNSHIP) (08/27/87)

decided: August 27, 1987.

CHARLES J. TAYLOR, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (DOYLESTOWN TOWNSHIP), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board, in case of Charles J. Taylor v. Doylestown Township, No. A-88452.

COUNSEL

Arnold Dranoff, Dranoff & Patrizio, for petitioner.

Ronald F. Bove, with him, David A. Pennington, Swartz, Campbell & Detweiler, for respondent, Doylestown Township.

Judges Doyle and Palladino, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Palladino. Honorable James Gardner Colins, Judge recused.

Author: Palladino

[ 108 Pa. Commw. Page 643]

Charles J. Taylor (Petitioner) petitions for review of an order of the Workmen's Compensation Appeal Board

[ 108 Pa. Commw. Page 644]

(Board) affirming a referee's decision which granted his Petition to Set Aside Final Receipt but with a suspension of compensation and dismissed his Petition for Reinstatement of Compensation.*fn1

Petitioner injured his wrist on September 7, 1978 while in the course of his employment as a mechanic for Doylestown Township (Employer). Pursuant to a Notice of Compensation Payable, Petitioner received total disability benefits until January 2, 1980 when he signed a Final Receipt and returned to work for Employer. On September 15, 1980, Petitioner filed a Claim Petition, alleging that as of January 2, 1980, his disability had not ceased. Because of several continuances, the first hearing before a referee was held on March 25, 1982. At this hearing, Petitioner's counsel amended the Claim Petition to a Petition to Set Aside Final Receipt and a Petition for Reinstatement of Compensation for the specific loss of use of his right hand.

After several hearings, the referee made the following findings of fact:

3. After reviewing the entire Record of this case and considering the testimony of all of the witnesses that have testified the Referee finds that the Claimant did have 'residuals' in his right wrist and right hand which was causally related to the injury he sustained at work on September 7, 1978 and that these 'residuals' were present at the time Claimant returned to work for Doylestown Township and signed a Final Receipt of Compensation.

[ 108 Pa. Commw. Page 6454]

. The Referee finds that, even though Claimant did have residuals arising out of his injury at work these residuals did not effect [sic] Claimant's ability to perform his job as a mechanic for Doylestown Township and that no testimony has been presented by Claimant to prove that Claimant either suffered disability i.e. inability to perform his job, or ...


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