17 Pa. Commw. 152 | Pa. Commw. Ct. | 1975
Opinion by
Before the Court is an appeal by Westinghouse Electric Corporation (Appellant) from an order of the Workmen’s Compensation Appeal Board. On December 13, 1973, the Board sustained a referee’s decision denying Appellant’s petition to terminate a compensation agreement awarding Joseph F. Jablonski (Appellee) weekly total disability benefits of $60.00, within the limits of the Pennsylvania Workmen’s Compensation Act,
Appellee was first employed by Appellant in March of 1969. On September 15, 1969, while in the regular course of his employment as a sheet metal worker, he stumbled and twisted his back while carrying a four by ten feet sheet of one-eighth inch black iron to a metal shearer. The occurrence of this accident
Remaining for our consideration is Appellant’s contention that the Board’s order of December 13, 1973, dismissing its appeal, is so indefinite as to deprive it of due process of law. This order directed Appellant to resume payments to Appellee pursuant to the compensation agreement “until such time as it shall be finally determined whether [Appellant] and/or H & H Foundry
Order
And Now, this 17th day of January, 1975, the appeal of Westinghouse Electric Corporation in the above captioned case is dismissed, and Westinghouse Electric Corporation is ordered to resume payments of compensation to Joseph F. Jablonski for total disability at the rate of Sixty Dollars ($60.00) per week from June 30, 1970 into the indefinite future, together with legal interest on all deferred installments, all within the limits of the Pennsylvania Workmen’s Compensation Act.
. Act of June 2, 1915, P.L. 736, as amended, 77 P. S. §1 et seq.
. The decision of the Board in the instant case postdated the effective date of the amendments to Section 423 by the Act of February 8, 1972, P. L. -, No. 12, and the Act of March 29, 1972, P.L. -, No. 61, 77 P.S. § 854 (Supp. 1974-1975), thus bringing into play our decision in Universal Cyclops Steel Corp. v. Krawczynski, 9 Pa. Commonwealth Ct. 176, 305 A. 2d 757 (1973).
. See Hinkle v. H. J. Heinz Co., 7 Pa. Commonwealth Ct. 216, 298 A. 2d 632 (1972).
. On September 20, 1971, Appellee filed a reinstatement petition against H & H Foundry, alleging a recurrence of a back
. Section 410, as amended by the Act of December 28, 1959, P.L. 2034, §5, then provided in pertinent part as follows:
“Whenever any claim for compensation is presented to the board or a referee and the injury and accident are not denied, and the only issue involved is the liability as between the defendant or the carrier or two or more defendants or carriers, the referee or the board shall forthwith order payments to be immediately made by the defendants or the carriers in said case. After the referee or the board render a final decision, the payments made by the defendant or carrier not liable in the case shall be awarded or assessed against the defendant or carrier liable in the case, as costs in the proceedings, in favor of the defendant or carrier not liable in the case.” (Emphasis supplied.) This section has since been amended by the Acts of February 8, 1972, P.L....., No. 12, §3, and March 29, 1972, P.L...... No. 61, §23, to delete the language emphasized above. As the petitions involved here were filed before the effective dates of these amendments, and clearly affect substantive changes, however, the 1959 amended version of