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MAX SHINKOVEC v. WORKMEN'S COMPENSATION APPEAL BOARD (CAPITAL DISTRIBUTING COMPANY) (03/30/88)

decided: March 30, 1988.

MAX SHINKOVEC, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (CAPITAL DISTRIBUTING COMPANY), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board, in the case of Max Shinkovec v. Capital Distributing Company, No. A-85577.

COUNSEL

Frank A. Conte, for petitioner.

Ronald Ganassi, Will, Keisling, Ganassi & McCloskey, for respondent.

Judges Craig, Doyle and Barry, sitting as a panel of three. Opinion by Judge Barry.

Author: Barry

[ 115 Pa. Commw. Page 82]

Max Shinkovec (claimant) appeals an order of the Workmen's Compensation Appeal Board (Board) which affirmed a referee's determination to set aside a final receipt of benefits under Section 434 of The Pennsylvania Workmen's Compensation Act (Act).*fn1

On February 24, 1981, the claimant was involved in a vehicular accident while driving a truck for Capital Distributing Company. The claimant suffered injuries to his head, back, neck, shoulder, arm and left hand. In March 1981, the claimant began to receive benefits,

[ 115 Pa. Commw. Page 83]

    pursuant to a notice of compensation payable. He continued to receive these benefits until March 5, 1982. On this date, the claimant signed a final receipt of compensation. The claimant did not return to work.

The claimant filed a petition to set aside final receipt under Section 434 of the Act alleging that his work related injuries had not healed at the time the final receipt was executed. On February 4, 1983, a referee granted this petition and set aside the final receipt of benefits. This determination was based on three factual findings which were:

1. The claimant, Max Shinkovec, filed a Petition to Set Aside Final Receipt against the defendant, Capital Distributing Company, averring therein that claimant was released to return to work but because of the original injury, he was unable to continue to work. Claimant's date of the original work related injury was February 24, 1981.

2. The defendant and its insurance carrier, Pacific Employers Group, filed a responsive answer to the subject petition.

3. Claimant was not fully recovered from his work related injuries of February 24, 1981, whenever ...


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