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PENNSYLVANIA POWER COMPANY v. WORKMEN'S COMPENSATION APPEAL BOARD (KELLY) (12/13/88)

decided: December 13, 1988.

PENNSYLVANIA POWER COMPANY, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (KELLY), RESPONDENTS. PENNSYLVANIA POWER COMPANY, PETITIONER V. WORKMEN'S COMPENSATION APPEAL BOARD (QUIGLEY), RESPONDENTS. PENNSYLVANIA POWER COMPANY, PETITIONER V. WORKMEN'S COMPENSATION APPEAL BOARD (ROBERTS), RESPONDENTS



Appeals from the Orders of the Workmen's Compensation Appeal Board, in the cases of Robert Kelly, No. A-91643; Paul Quigley, No. A-91679; George B. Roberts, No. A-91681.

COUNSEL

Harry A. Flannery, for petitioner.

Bruce E. Woodske, for respondent.

Judges Barry and Smith, and Senior Judge Narick, sitting as a panel of three. Opinion by Senior Judge Narick. Judge MacPhail did not participate in the decision in this case.

Author: Narick

[ 122 Pa. Commw. Page 37]

Before us are three appeals by Pennsylvania Power Company (Penn Power) from decisions of the Workmen's

[ 122 Pa. Commw. Page 38]

Compensation Appeal Board (Board) whereby the referee's awards of partial disability benefits were affirmed with respect to three employees: George B. Roberts (Roberts), Robert Kelly (Kelly) and Paul Quigley (Quigley).*fn1

George B. Roberts

While in the course of his employment, Roberts sustained injuries to his lower back. Pursuant to a supplemental agreement, Roberts was paid compensation from April 30, 1985 through May 5, 1985 and from May 9, 1985 through July 7, 1985 at the rate of $336.00 per week, based upon an average weekly wage of $677.69. On or about February 5, 1986, Roberts filed a petition for reinstatement of benefits alleging he was entitled to partial disability for the period July 15, 1985 through January 20, 1986 because Penn Power, for rehabilitative purposes, prohibited him from accepting overtime. Roberts contended that as a result he suffered a substantial loss in earning power. The referee found that overtime work was available during this "rehabilitative period" but because Roberts was not permitted to work overtime he suffered a loss of earning power -- his average weekly wage being $511.58. The referee awarded partial disability compensation and the Board affirmed.

Robert Kelly

While in the course of his employment, Kelly sustained injuries to his left knee. Pursuant to various supplemental agreements, Kelly received compensation intermittently from August 1, 1983 through October 21, 1984 at the rate of $260.00 per week ...


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