PETITION FOR REVIEW (WORKMEN'S COMPENSATION).
Gerard G. Bernhardt, Jr., McFadden & Bernhardt, Philadelphia, for petitioner in No. 1298 C.D.1988.
Colin Vroome, Philadelphia, for respondents in No. 1298 C.D.1988.
Colin M. Vroome, Post and Schell, P.C., Philadelphia, for petitioner in No. 1300 C.D.1988.
Gerard G. Bernhardt, Jr., Philadelphia, for respondents in No. 1300 C.D.1988.
Colins and Palladino, JJ., and Barbieri, Senior Judge.
[ 128 Pa. Commw. Page 360]
Before the Court are cross appeals from the decision and order of the Workmen's Compensation Appeal Board which
[ 128 Pa. Commw. Page 361]
affirmed an award for total disability for injuries suffered by Claimant, Susan DiJoseph, while in the employ of St. Christopher's Hospital for Children, Employer. Claimant in her appeal asserts that the Board erred in reversing the referee's assessment of her counsel's fees against Employer and in reducing the beginning date of compensation from the date of injury, January 13, 1983, as fixed by the referee, to March 25, 1983, on the basis that no notice of injury was given to Employer*fn1 except by the Claim Petition which was mailed from the Bureau on the latter date. Employer, in its appeal contends that the Board erred in affirming the referee's award to Claimant in reimbursement of the Nazareth Hospital bill in the amount of $5,395.55, whereas that bill had been paid by a Blue Cross/Blue Shield coverage supplied by Employer.
The referee's findings are that Claimant was injured while employed by St. Christopher's Hospital for Children as a child care worker on January 13, 1983 when she was required on that date to do some heavy lifting. The referee's relevant findings are as follows:
3. Claimant's job as a child care worker required her to lift and carry children who weighed up to 50 pounds on a daily basis, often carrying the children up and down stairs. She did this from April 1974 through January, 1983.
4. On January 13, 1983 Claimant was toilet-training a little girl which required the Claimant to carry the little girl up two flights of stairs to the bathroom, 6 or 7 times during that day; and once in the bathroom, the Claimant had to bend over the child to help the child dress and undress, and to hold the child on a small potty chair.
5. After a full workday Claimant had developed a backache on January 13, 1983.
[ 128 Pa. Commw. Page 3626]
. The Claimant had experienced backaches before from lifting children at work, but her backache which began on January 13, 1983 did not go away, but got worse; and by the next day she ...