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TOWN & COUNTRY FINE FURNITURE v. WORKMEN'S COMPENSATION APPEAL BOARD (COOLEY) (04/28/88)

decided: April 28, 1988.

TOWN & COUNTRY FINE FURNITURE, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (COOLEY), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board, in case of Patricia S. Cooley v. Town & Country Fine Furniture, No. A-91404.

COUNSEL

Maria Zulick, Marshall, Dennehey, Warner, Coleman and Goggin, for petitioner.

Christopher H. Wright, Dunn, Haase, Sullivan, Mallon & Cherner, for respondent, Patricia S. Cooley.

Ernest J. Bernabei, III, with him, John E. Smith, Harvey, Pennington, Herting & Renneisen, Ltd., for respondents, Charles K. Jerrechian & Sons.

Judges Craig and MacPhail, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 115 Pa. Commw. Page 486]

Town and Country Fine Furniture (Petitioner) appeals an order of the Workmen's Compensation Appeal Board (Board) which affirmed a referee's decision dismissing a claim petition against Charles K. Jerrechian & Sons (Jerrechian) and granting total and partial disability benefits to Claimant Patricia S. Cooley. We affirm.

On January 11, 1980, while in the course of her employment with Petitioner, Claimant injured her lower back assisting a co-worker lift a wingchair. She notified her supervisor and completed the day. Claimant missed the next three work days. She saw her family doctor on January 22, 1980, and he diagnosed right lumbosacral sprain and prescribed a muscle relaxant and analgesic. Claimant made no claim for benefits at this time.

Claimant left Petitioner's employ in December, 1980, to accept a similar position with Jerrechian for thirty-six hours per week. On July 17, 1982, when attempting to display a rug for a customer, Claimant felt a sharp pain in her back. She reported the incident to her manager and finished working that day. The following day, however, Claimant left early due to pain, and on the next day, left after working one hour due to numbness in her right leg and bad pain in her back. Claimant was bedridden for six weeks following this, and was under the care of both a physician and a physical therapist.

Claimant returned to work with Jerrechian on September 14, 1982. At first, she worked two days a week for two or three hours a day, and later increased her hours to a maximum of twenty-four per week. Claimant continued weekly physical therapy and ultrasound treatments.

On November 1, 1982, Claimant filed a claim petition against Petitioner alleging that the 1980 incident resulted in her 1982 disability. Claimant also filed a claim petition against Jerrechian for the 1982 incident.

[ 115 Pa. Commw. Page 487]

As previously indicated, the referee dismissed the petition against Jerrechian, concluding that the 1982 incident was a recurrence of the 1980 injury Claimant sustained in Petitioner's employ. The referee, accordingly, awarded compensation for total disability for the period from July 22, 1982 through September 13, 1982, and partial ...


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