41 A.2d 434 | Pa. Super. Ct. | 1944
Argued October 25, 1944.
Claimant sustained an accidental injury while in the employ of defendant on February 13, 1935. While pushing a brick car to the kiln his feet slipped on ice and his back was injured by striking the cross brace of the car and the rivet located in the center of the brace. Claimant returned to work on March 3, 1935. The parties entered into an open agreement for total disability under the terms of which claimant was paid compensation from February 21, 1935, to March 3, 1935. A final receipt was signed by claimant. Claimant was then assigned to light work which he performed until December, 1935, at which time he was sent to the hospital for X-rays. This was the first time after the accident that any X-ray examination was made. He returned to work in January, 1936, and acted as a watchman until March, after which his duties consisted of sweeping up the yards. In August, 1936, he was obliged to discontinue all work. On October 26, 1936, a supplemental agreement was executed by the parties which stipulated that claimant was totally disabled, but which provided that fifty per cent of his disability was the result of the accident, and fifty per cent due to natural causes. Payments were made for such partial disability until November 20, 1940, the *39
end of the 300-week period. On December 20, 1940, claimant filed a petition for review provided by the first paragraph of section 413 of the Act of June 2, 1915, P.L. 736, as reenacted and amended by the Act of June 21, 1939, P.L. 520,
Claimant, after returning to work, was able to continue intermittently with various assignments until August, 1936, when his condition became such that he was obliged to stop work altogether. The supplemental agreement of October 26, 1936, clearly recognized a recurrence of total disability, but there was an obvious compromise as to the cause of such disability. The *40 board found, inter alia, as follows: "The credible evidence not only shows that claimant had suffered a fracture in the accident of February 13, 1935, but that his condition became aggravated by the failure to properly and promptly treat the claimant for the injuries he sustained. We also believe that the work performed by the claimant following the accident contributed to his condition." The board sustained the order of the referee allowing compensation for total disability beginning August 17, 1936, with credit to defendant for payments from August 17, 1936, to November 20, 1940. The court below on appeal affirmed the board and entered judgment in favor of claimant. Defendant has appealed.
The court below held that claimant was entitled to have the original agreement reinstated under the second paragraph of section 413 of the Workmen's Compensation Act, supra,
Claimant's petition was filed within a year after the last payment under the supplemental agreement and within the period of 500 weeks from the time of the accident. Hill v. Booth FlinnCo. et al., supra,
Judgment is affirmed.