Appeal from Philadelphia County Common Pleas Court, Honorable Nicholas D'Alessandro, Honorable Nelson A. Diaz, Judges.
Robert J. Murphy, Murphy, Murphy & Murphy, P.C., Philadelphia, for appellant.
James M. Connelly, with him, Thomas C. Lowry, Swartz, Campbell & Detweiler, Philadelphia, for appellees.
Colins and Smith, JJ., and Kalish, Senior Judge.
[ 127 Pa. Commw. Page 387]
Appellant, Thomas Kurtz, Jr. (Kurtz), appeals from two orders of the Court of Common Pleas of Philadelphia County which opened a judgment entered by Kurtz against Appellees, Allied Corporation and Travelers Insurance Company (Allied), and which struck a second judgment entered by Kurtz against Allied. The trial court is reversed.
The issues presented on appeal are whether the trial court erred in opening a judgment entered pursuant to
[ 127 Pa. Commw. Page 388]
The Pennsylvania Workmen's Compensation Act (Act)*fn1 in accordance with the referee's decision on the grounds that Kurtz had not complied with the notice provisions of Pa.R.C.P. No. 237.1; and whether the trial court erred in striking a judgment entered pursuant to the Act in accordance with a decision of the Workmen's Compensation Appeal Board (Board) on the grounds that a remand order by the Board is not final and therefore an entry of judgment cannot yet be allowed.*fn2 Kurtz was forced to execute on the referee's order because Allied was in default on the compensation payments due Kurtz.
The facts in this case are quite complex; a chronological recitation of events follows:
June 11, 1981: Petition for modification of workmen's compensation benefits and supersedeas filed by Allied with the Board.
June 27, 1983: Referee granted partial supersedeas of ninety-one dollars and twenty-six cents per ...