PETITIONER FOR REVIEW (WORKMEN'S COMPENSATION).
Thomas G. Parisi, O'Pake, Malsnee & Orwig, P.C., Reading, for petitioner.
David L. Pennington, Roger B. Wood, Harvey, Pennington, Herting & Renneisen, Ltd., Philadelphia, for respondent.
Doyle and McGinley, JJ., and Barbieri, Senior Judge.
[ 127 Pa. Commw. Page 590]
Barry E. Williams (Claimant) petitions for review of the order of the Workmen's Compensation Appeal Board (Board) which affirmed the referee's decision granting Montgomery Ward's (Employer) petition to terminate compensation benefits pursuant to The Workmen's Compensation Act*fn1 (Act). Issues presented for review pertain to whether the termination of Claimant's compensation benefits as of July 15, 1982 was supported by substantial competent evidence. We affirm.
[ 127 Pa. Commw. Page 591]
Claimant, a tractor-trailer driver, sustained a work-related back injury on October 28, 1981 when he slipped and fell while unloading a truck. Compensation benefits were paid pursuant to a Notice of Compensation Payable from December 8, 1981 until Employer ceased payments on July 15, 1982. Employer's termination petition followed on September 27, 1982 and was based upon a physician's affidavit of recovery dated September 13, 1982. Therein, Employer alleged that Claimant's disability had ceased as of July 15, 1982.*fn2
After several hearings, including a special supersedeas hearing,*fn3 the referee accepted as credible the testimony of Employer's expert witness, Dr. Manee Suwan, and granted Employer's termination petition on the ground that Claimant's work-related disability ceased as of July 15,
[ 127 Pa. Commw. Page 5921982]
. On appeal, the Board affirmed the referee's decision, whereupon Claimant petitioned this Court for review.*fn4
Claimant initially challenges whether Employer sustained its burden of proving that all of his work-related disability ceased as of July 15, 1982. Claimant contends that Dr. Suwan's testimony establishes that he had not fully recovered from his work-related disability until September 13, 1982. In support, Claimant asserts that Dr. Suwan implicitly admitted that he had not fully recovered from his work-related disability as of July 1982 since she continued to prescribe anti-inflammatory medication to him; and that Dr. Suwan's opinion regarding his ability to return to ...