180 A. 731 | Pa. Super. Ct. | 1935
Argued April 15, 1935. The sole question involved in this appeal is whether the claimant presented his petition to set aside a final receipt and for review within the time prescribed by the Workmen's Compensation Law. Martin Lomancik was injured on May 24, 1927, while in the course of his employment with the defendant. An open agreement was entered into for total disability and compensation was paid for 26-1/7 weeks to November 28, 1927, when a final receipt was given. The claimant returned to work with the defendant company but was unable to continue, and on April 25, 1928, presented a petition for review. At a time set for a hearing on that petition, June 13, 1928, a supplemental agreement was entered into whereby it was agreed that the claimant should be paid additional compensation for total disability for 13-1/7 weeks, or until March 6, 1928, and a money receipt was given for this compensation. The claimant worked for the defendant company from March 6, 1928, to April 19, 1928, and from May 22, 1928, until December 3, 1929, when he was discharged on the ground that he was not "keeping his working place safe." On June 2, 1930, he secured employment with the Pittsburgh Coal Company and continued to work for that company until March 23, 1933.
On April 7, 1933, the claimant presented the petition which is now under consideration, alleging that the receipt given for the 13-1/7 weeks compensation was procured by fraud and coercion and that he was still disabled, and asked for a review of his claim. The referee and board found for the claimant for partial disability, but the board set aside the findings of fact and conclusions of law of the referee and made its own findings. Both sides accept these findings of fact. The *265 board also found that the last receipt which was given by the claimant was "an ordinary money receipt and not in the form of a final receipt as prescribed by the Board," and that the claimant was induced to sign the supplemental agreement by fraud, coercion, and improper conduct. On appeal to the court of common pleas, judgment was entered for the claimant.
Granting such to be the facts, the petition, under our decisions in Zupicick v. P. R.C. I. Co.,
It is therefore clear, under the facts as found by the compensation authorities, that this petition was filed too late to give them jurisdiction under any provision of the statute.
We are all of the opinion that the court below erred in entering judgment upon the award in this case.
Judgment reversed and here entered for defendant.