Opinion by
Alfred Slebrich was severely beaten by robbers on August 12, 1961, while taking the receipts of his employer, The Great A & P Tea Company, to the bank. He and A & P entered into an agreement and a supplemental agreement for total compensation. On July 21, 1962, Mr. Slebrich executed a final settlement receipt. On July 1,1963, he filed a petition to set aside the final receipt. When this matter came on for hearing before a referee on December 19,1963, Mr. Slebrich and A & P,
On March 12, 1969, a date following the expiration of the then maximum period for partial disability payments, the claimant filed a petition to review the existing compensation agreement alleging that his disability had become total. A & P denied that Mr. Slebrich’s disability had become total and alleged that it remained partial. After hearing conducted on May 26, 1971, the referee found that the claimant continued to be only partially disabled and denied further compensation. The Workmen’s Compensation Appeal Board by a decision filed March 10, 1972,
A & P’s case is based upon the assertion that the claimant was in fact totally disabled in December, 1963, when the parties agreed that he was partially disabled. It contends that the claimant failed to prove at the hearing on the review petition that his condition was then different from his condition in December, 1963. A & P explains the 1963 agreement for partial disability as being part of an arrangement under which the claimant received, in addition to the agreed upon future
Tbe difficulty with A & P’s arguments is that they are not supported by tbe record. Tbe claimant’s physician testified that bis 1963 certification was only that tbe claimant was unable to perform tbe duties of bis former position as co-manager of an A & P store.
Flowers v. Liggett & Myers Tobacco Co., supra, is clearly distinguishable on two crucial points. There, as tbe Superior Court pointed out, “[i]t clearly appear [ed] . . . that claimant was not endeavoring to se
Affirmed.
The decision therefore antedated May 1, 1972, the effective date of the Act of March 29, 1972, P. L. , Act No. 61, amending Section 423 of the Workmen’s Compensation Law, 77 P.S. §854, so as to make referees’ findings supported by competent evidence conclusive on the Board.
This position included the work of unloading trailers and stocking shelves.
