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ANN MOLTZ v. WORKMEN'S COMPENSATION APPEAL BOARD (MCDONALD'S CORPORATION) (09/12/88)

decided: September 12, 1988.

ANN MOLTZ, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (MCDONALD'S CORPORATION), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board, in the case of Ann Moltz v. McDonald's Corporation, No. A-91769.

COUNSEL

Leonard E. Price, for petitioner.

Matthew R. Wimer, Reale, Fossee & Ferry, P.C., for respondents.

Judges Doyle and McGinley, and Senior Judge Kalish, sitting as a panel of three. Opinion by Senior Judge Kalish. Dissenting Opinion by Judge Doyle.

Author: Kalish

[ 119 Pa. Commw. Page 355]

Claimant, Ann Moltz, seeks review of an order of the Workmen's Compensation Appeal Board (Board), which affirmed the referee's decision to deny benefits to her. We reverse.

[ 119 Pa. Commw. Page 356]

The claimant worked as a bookkeeper for a franchisee of McDonald's Corporation. On May 4, 1981, she was injured when she fell down a flight of stairs, located on the franchisee's property. She sustained numerous back, body, head, and leg injuries. She filed a claim against McDonald's for workmen's compensation, and received total disability compensation, pursuant to a Notice of Compensation Payable from May 5, 1981, through June 1, 1981, on which date she returned to work and signed a final receipt.

Thereafter, the franchise was terminated, relating back to McDonald's Corporation. The claimant continued working for McDonald's, and on June 1, 1982, her duties were changed from those of a bookkeeper to those of a McDonald's crew person and waitress. She continued to experience severe pain in her legs, body, and head. The claimant filed a petition to set aside the final receipt in March of 1984. In this petition, she alleged that her disability, caused by her compensable injury of May 4, 1981, was in existence and continued after the final receipt was signed.

The referee found from claimant's testimony that her work changed from a bookkeeper to a waitress. Her symptoms, which had started with her fall, became increasingly severe until she had to leave work on September 22, 1983. The claimant testified that she has not been able to work since this time. The referee found claimant's testimony to be credible.

At the hearing before the referee, claimant presented the testimony of Dr. Joseph W. Krotec, who has been claimant's family doctor for many years. He testified that, as a result of the neurological and physical examinations that he performed, it was his professional opinion that claimant was suffering from concussion syndrome and multiple traumatic muscle problems of her muscular system. Notes of Testimony (N.T.) at 10.

[ 119 Pa. Commw. Page ...


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