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MATTHEW L. RUPPERT v. COMMONWEALTH PENNSYLVANIA (10/25/89)

decided: October 25, 1989.

MATTHEW L. RUPPERT, PETITIONER,
v.
COMMONWEALTH OF PENNSYLVANIA, CRIME VICTIM'S COMPENSATION BOARD, RESPONDENT



PETITION FOR REVIEW, (CRIME VICTIM'S COMPENSATION BOARD).

COUNSEL

Frederick I. Huganir, Carlisle, Huganir & Jacobsen, for petitioner.

Linda C. Barrett, Pittsburgh, counsel-in-charge, for respondent.

Colins and Smith, JJ., and Barbieri, Senior Judge.

Author: Barbieri

[ 129 Pa. Commw. Page 255]

Matthew L. Ruppert (Petitioner) petitions for review of a decision of the Crime Victim's Compensation Board (Board) denying his claim for compensation.

[ 129 Pa. Commw. Page 256]

The facts are not in dispute. On December 22, 1986, Petitioner, then nineteen years of age, was employed by Albert Crowl, d/b/a Crowl's Custom Butchery, in York Springs, Pennsylvania. While Petitioner was at work, he caught his hand in a meat grinder. This injury required amputation of Petitioner's hand and reconstructive surgery.

Petitioner submitted a workers' compensation claim for $29,683.57 in medical expenses plus wage and disability losses. Referee Nickel for the Bureau of Workmen's Compensation awarded Petitioner $29,683.57 for medical expenses and $43,331.30 for disability/wage losses.*fn1 The Referee's award was to be paid by Crowl personally because Crowl was uninsured.

Additionally, criminal charges were filed against Crowl for his failure to carry workers' compensation insurance in violation of Section 305 of The Pennsylvania Workmen's Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. ยง 501.*fn2 Following a preliminary hearing on the

[ 129 Pa. Commw. Page 257]

    matter, the case was bound over for trial. Subsequently, Crowl was convicted of the crime, fined $500.00, and ordered to pay restitution in the amount of $29,683.57. Post-trial motions were filed, and a decision is currently pending in the Adams County Court of Common Pleas.

Because Petitioner received no compensation for his injury from Crowl,*fn3 on June 29, 1988,*fn4 he applied for crime victim's compensation benefits pursuant to Section 477 of the Administrative Code of 1929, Act of April 9, 1929, P.L. 177, as amended, added by Section 2 of the Act ...


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