170 A. 405 | Pa. Super. Ct. | 1933
Argued October 26, 1933. In this workmen's compensation case the claimant, John Bogdon, presented a petition for review of a compensation agreement. The court of common pleas, from which this appeal comes, entered judgment for the defendant on the ground that the petition was presented too late, reversing an award by the referee and compensation board.
A brief statement of the facts will furnish a solution of the question involved. The claimant met with an accident in the course of his employment on August 12, 1928, and on August 31, 1928, an open agreement was entered into. Compensation was paid for total disability for a period of four weeks and one day, when on September 17, 1928, claimant gave a final receipt and returned to work. On June 1, 1932, the claimant presented a petition for review, the effect of which was to ask compensation for disfigurement. The board, affirming an award of the referee, found that claimant was entitled to compensation and fixed the period at fifteen weeks at the rate of $15 per week, *493 beginning August 19, 1928, and allowing credit for compensation previously paid. A period of about 193 weeks lapsed between the time the final receipt was executed, when the disfigurement was present, and the time the petition for review was presented.
Section 306 (c) of the Workmen's Compensation Act of June 2, 1915, P.L. 736, as amended by Act of April 13, 1927, P.L. 186 (
The judgment of the lower court is affirmed.