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THOMAS KURTZ v. ALLIED CORPORATION AND TRAVELERS INSURANCE COMPANY (07/18/89)

decided: July 18, 1989.

THOMAS KURTZ, APPELLANT,
v.
ALLIED CORPORATION AND TRAVELERS INSURANCE COMPANY, APPELLEES (TWO CASES)



Appeal from Philadelphia County Common Pleas Court, Honorable Nicholas D'Alessandro, Honorable Nelson A. Diaz, Judges.

COUNSEL

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.

Author: Smith

[ 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.

I

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 ...


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