9 Pa. Commw. 586 | Pa. Commw. Ct. | 1973
Opinion by
The genesis of this controversy was a claim petition filed on April 27,1970, by Appellant, James T. Maston, alleging that he had suffered a fall with resultant injuries on the company premises of the Union Mining
At the hearings before the Eeferee, there was conflicting testimony as to the date of the accident, whether proper notice was given to the Employer, and the extent of Claimant’s disability. The Eeferee, on the basis of testimony and other evidence adduced at the hearings, concluded that Claimant had met his burden of proving an accident and notice to the employer and determined that Claimant was totally disabled from April 12,1969 and continues to be totally disabled. The Workmen’s Compensation Appeal Board, without talcing additional testimony, reversed the Eeferee and disallowed compensation benefits.
The scope of review before the Board dictates this result. In Universal Cyclops Steel Corporation v. Krawczynski, 9 Pa. Commonwealth Ct. 176, 305 A. 2d 757 (1973), this Court considered the effects of Acts 12 and 61 of 1972 which amended §423 of the Workmen’s Compensation Act, 77 P.S. §854. We there held
The Board, in its opinion, states that there is not sufficient competent evidence in the record to support an award. On its face, this statement shows that the Board was considering the case under the proper scope of review. Scrutiny of the record, however, and of other determinations of the Board clearly shows that the Board was considering credibility rather than competency. The Appellee, recognizing that the Board has resolved the issue on the basis of credibility, directs the main thrust of its argument in support of the Board’s action. This was clear error in light of the 1972 amendments.
A review of the record leads us to conclude that the Referee’s findings were' supported by competent evidence. On the issue of accident, much is made of the fact that Claimant initially put the date of the occurrence as April 7, 1969, at a time when records show he was not in work. It is clear, however, as both the Referee and the Board realized, that “claimant’s mind was in a state of confusion because of two brain opera
The employer relied on the fact that the Claimant initially indicated that the incident occurred on April 7, and presented the supervisor who testified that the incident had not been reported to him.
There was no question of the competence of the foregoing evidence, but there was a question as to the credibility and the resolution of conflicting testimony. The Referee, exercising his proper function, resolved these issues in favor of the Claimant.
On the issue of disability, a medical expert testified that the subdural hematoma was the result of the fall and that in his opinion, Claimant was totally disabled. The employer offered no contradictory testimony. Once again, the resolution of this issue was for the Referee who found for the Claimant. Since that finding was based on competent evidence, it will not be disturbed here. Accordingly, we issue the following
Order
And Now, this 7th day of August, 1973, the Order of the Workmen’s Compensation Appeal Board is here
The appeal was taken on July 14, 1972 and so postdated the effective dates of Acts 12 and 61 of 1972 which amended the Workmen’s Compensation Act. See Universal Cyclops Steel Corporation v. Krawczynski, 9 Pa. Commonwealth Ct. 176, 305 A. 2d 757 (1973).