88 Pa. Commw. 111 | Pa. Commw. Ct. | 1985
Opinion by
Keystone Bakery (Employer) appeals from a decision of the Workmen’s Compensation Appeal Board (Board) which affirmed a referee’s order setting aside a Pinal Receipt signed by Matthew Lack (¡Claimant).
The referee made the following findings of fact. On November 16, 1980, Claimant fell and twisted his right leg while in the course of his employment with the Employer. Pursuant to a Notice of Compensation Payable, Claimant received compensation from November 17, 1980 until February 1, 1981, when he was able to return to work without a loss in earning power. Claimant returned to a specially created light-duty position which did not require him to be on his feet. Claimant signed a Final Receipt on February 14,1981.
On March 2,1981 Claimant was advised by the-Employer’s president, Mr. Coffey, that the -specially created job was being eliminated and that Claimant could: 1) return to work on the line, which involved continuous standing; 2) take an early retirement; or
On July 22, 1981 Claimant filed a Claim Petition which was amended to a Petition to Set Aside Final Receipt at the referee’s hearing. Claimant alleged that his disability had not, in fact, terminated on February 1, 1981, and that his disability had recurred on March 2, 1981. The referee found that the disability had not terminated on February 1, 1981 and set aside the Final Receipt. The Board affirmed, holding that the testimony of Claimant’s physician, Dr. Hirsch, was sufficient to support the findings of the referee.
Where, as here, the party with the burden of proof prevailed before the referee and the Board did not take any additional evidence, our scope of review is to determine whether the findings of fact of the referee are supported by substantial evidence, and whether the referee committed an error of law or violated constitutional rights in his decision. Republic Steel Corp. v. Workmen’s Compensation Appeal Board (Deppenbrook), 82 Pa. Commonwealth Ct. 596, 476 A.2d 989 (1984).
The Employer raises three issues in this appeal: 1) the referee erred in not concluding that Claimant’s disability was due to coronary problems unrelated to his job; 2) the referee erred by not finding Claimant to be only partially disabled; and 3) the findings of the referee are not supported by substantial evidence.
Viewing the testimony of Claimant’s treating physician, Dr. Hirsch, which the referee accepted, we find no support for the Employer’s argument that Claimant’s disability was due to coronary problems. Dr. Hirsch testified that the injury at work had aggravated a pre-existing arthritic condition of the right
The Employer’s second argument, that the referee should have found Claimant to be partially disabled, is misplaced. The hearing before the referee was for the purpose of determining whether the Final Receipt should be set aside. In order to be entitled to the relief sought, all Claimant had to show was that some disability still existed at the time he signed the Final Receipt.
We have carefully examined the record and we agree with the Board that the decision of the referee
Accordingly, the decision of the Board affirming the referee in setting aside the Final Receipt is affirmed.
Order
And Now, March 5,1985, the decision of the Workmen’s Compensation Appeal Board at No. A-84584 is affirmed.
In order to set aside a final receipt, a claimant must show by sufficient credible competent evidence that all disability due to the injury had not terminated when he signed the final receipt. Sheibley v. Workmen’s Compensation Appeal Board, 86 Pa. Commonwealth Ct. 28, 483 A.2d 593 (1984).
Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §772.