74 Pa. Commw. 286 | Pa. Commw. Ct. | 1983
Opinion by
Lackawanna Refuse and the United States Fidelity and Guaranty 'Company (petitioners) appeal an order of the Pennsylvania Workmen’s Compensation Appeal Board (Board) which affirmed a referee’s decision granting the claimant’s petition to set aside a final receipt.
This matter is essentially a dispute between the claimant’s former and current employers, or, more precisely, between their respective insurance companies, as to who is responsible for his current disability. We agree with the Board that:
The law is clear. If the current disability is an “aggravation” of the prior injury, there has been a new injury. Under these circumstances the carrier who was insuring an employer when the aggravation occurred is the responsible carrier. Bud Smail Lincoln Mercury v. Workmen’s Compensation Appeal Board, [59 Pa. Comm on - wealth Ct. 638], 430 A.2d 719 (1981). On the other hand if the disability is a recurrence of disability as a result of a prior injury, then the carrier who was insuring at the time of the original injury is responsible.
The essential facts in this matter, as found by the referee, are as follows. On July 18,1979, the petitioners filed a notice of compensation payable to the claimant for disability following an injury which was described as a “cerebral concussion — cervical strain red chip fracture C 5 body.” On August 1,1979 the claimant signed a final receipt acknowledging his ability to return to his duties, and he continued to work for Lackawanna Refuse until October 10, 1979 when he
Our scope of review in workmen’s compensation cases where, as here, the party with the burden of proof
It is clear that whether a disability results from a new injury (here allegedly lan aggravation of a prior condition) or is a recurrence of a prior work-related condition (here the Lackawanna Refuse injury) is a question of fact to be determined by the referee. Burton v. Workmen’s Compensation Appeal Board, 60 Pa. Commonwealth Ct. 476, 431 A.2d 1164 (1981); see City of Williamsport v. Workmen’s Compensation Appeal Board, 55 Pa. Commonwealth Ct. 618, 423 A.2d 817 (1980); United Industrial Maintenance v. Workmen’s
We will, therefore, affirm the Board’s order.
Order
And Now, this 12th day of May, 1983, the order of the Pennsylvania Workmen’s Compensation Appeal Board in the above-captioned matter is hereby affirmed.
Interstate United Corp. v. Workmen’s Compensation Appeal Board, 56 Pa. Commonwealth Ct. 385, 424 A.2d 1015 (1981).