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GLENN RICHARD SULLIVAN v. WORKMEN'S COMPENSATION APPEAL BOARD (PHILADELPHIA ELECTRIC COMPANY) (10/13/88)

decided: October 13, 1988.

GLENN RICHARD SULLIVAN, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (PHILADELPHIA ELECTRIC COMPANY), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in the case of Glenn Richard Sullivan v. Philadelphia Electric Company, No. A-93081.

COUNSEL

Thomas W. Murphy, Murphy, Murphy & Murphy, P.C., for petitioner.

Thomas F. McDevitt, for respondents.

Judges Craig and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Palladino. This decision was reached prior to the resignation of Judge MacPhail.

Author: Palladino

[ 120 Pa. Commw. Page 365]

Glenn Richard Sullivan (Petitioner) appeals from an order of the Workmen's Compensation Appeal Board (Board) affirming a referee's decision dismissing Petitioner's claim petition. We affirm.

Petitioner was employed by Philadelphia Electric Company (Employer) as a maintenance helper. On December 11, 1982, Petitioner was involved in an automobile accident on his way home from work.*fn1 Petitioner did not report to work on December 14, 1982 which was the next day he was scheduled to work. However, Petitioner did return to work on December 15, 1982 and did not miss any days until February 5, 1983. Claimant was hospitalized from February 5, 1983 to February 15, 1983 and did not work from February 5, 1983 to February 22, 1983. Claimant was paid his wages for all the days he missed. However, Employer did not pay his medical expenses.

Petitioner filed a claim petition alleging disability as a result of the December 11, 1982 accident.*fn2 Petitioner contends that he was disabled on December 13, 1982 and from February 5, 1983 through February 22, 1983.

At hearings held before a referee, Petitioner presented medical reports from Dr. Kronstadt, his treating physician, and Dr. Stempanek, a consulting physician. Employer presented the medical testimony of Dr. Weider, who had examined Petitioner on January 14, 1983.

[ 120 Pa. Commw. Page 366]

The referee made the following pertinent findings of fact:

5. Claimant did not seek any medical attention for his claimed injuries until after having been referred by his attorney to Dr. Kronstadt. . . .

6. During the period of December 14, 1982 to February 5, 1983, Claimant also worked overtime. He was able to lift objects weighing 50 pounds in the performance of his duties, and continued to play with the team of the ...


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