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.
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.
[ 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 ...