176 A. 791 | Pa. Super. Ct. | 1934
Argued December 12, 1934.
The claimant in this workmen's compensation case was injured on February 2, 1929, and compensation was paid for total disability under an open agreement until May 26, 1930, when a final receipt was given and claimant returned to work. On petition, the final receipt was set aside on July 13, 1931, an award was made for total disability, and payments were directed to be made beginning as of November 29, 1930. Payments made thereunder were by virtue of the award and not under the agreement: Putt v. Laher Ice Cream Co.,
The defendant, on April 15, 1932, presented to the board a petition to modify the original agreement on the ground that the claimant was not then totally disabled and was entitled only to compensation for partial disability under Section 306b of the Workmen's Compensation Act (
The claimant then appealed to this court contending that the award of total disability made on July 13, 1931, not having been appealed from was conclusive and that that award cannot now be changed without *286
showing a changed condition. We have in several cases disposed of a similar contention. The fallacy of the argument of the appellant lies in the assumption that there was not a change in the condition of the claimant. The award of 1931, unless there was a mistake of law or fact, was conclusive as to the condition of the claimant at the time of the former award but was not conclusive as to what his condition might be at a future date. For a changed condition both parties have a remedy by Section 413 (
Judgment of the lower court is affirmed.