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MRS. SMITH'S FROZEN FOOD COMPANY v. WORKMEN'S COMPENSATION APPEAL BOARD (GLADFELTER) (01/22/88)

decided: January 22, 1988.

MRS. SMITH'S FROZEN FOOD COMPANY, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (GLADFELTER), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in the case of Waldo Gladfelter v. Mrs. Smith's Frozen Foods Company, No. A-90399.

COUNSEL

Robert O. Beers, Ports, Beers & Feldmann, for petitioner.

John M. Sofilka, Law Offices of Dale E. Anstine, P.C., for respondent.

President Judge Crumlish, Jr., Judge Barry, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Senior Judge Barbieri.

Author: Barbieri

[ 113 Pa. Commw. Page 25]

Mrs. Smith's Frozen Food Company, Employer-Petitioner, appeals here an order of the Pennsylvania Workmen's Compensation Appeal Board (Board) which reversed a referee's decision on Employer's Modification

[ 113 Pa. Commw. Page 26]

Petition granting to Employer a reduction from total to partial disability. The Board's order reinstated total disability benefits to the Claimant, Waldo Gladfelter.

Claimant, Waldo Gladfelter, employed by Employer as a pie baking worker, suffered an injury on March 10, 1980, for which compensation was voluntarily paid under a Notice of Compensation Payable. On Employer's Modification Petition, hearings were held at which the testimony of Claimant and that of a Vocational Consultant, Harold V. Culman, were taken; in addition, there was included in the record the testimony of Kenneth Ross as to a proposed job opportunity, and a deposition of Claimant's attending physician, John J. Danyo, M.D., called by Employer. There was no other medical or lay testimony adduced.

The referee's findings include the following:

13. Mr. Kulman [sic] found several jobs for Claimant within his capabilities, jobs approved by Dr. Danyo, but ignored by the Claimant and his attorney.

14. One of the jobs was working for Mackee [sic] Vending Company, a job Dr. Danyo approved, and one which was a 30 hour week at $4.00 per hour from 10:00 a.m. to 4:00 p.m., Monday ...


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