City Welding & Mfg. Co. v. Workmen's Compensation Appeal Board

525 A.2d 21, 105 Pa. Commw. 572, 1987 Pa. Commw. LEXIS 2124
CourtCommonwealth Court of Pennsylvania
DecidedMay 4, 1987
DocketAppeal, No. 647 C.D. 1986
StatusPublished
Cited by1 cases

This text of 525 A.2d 21 (City Welding & Mfg. Co. v. Workmen's Compensation Appeal Board) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
City Welding & Mfg. Co. v. Workmen's Compensation Appeal Board, 525 A.2d 21, 105 Pa. Commw. 572, 1987 Pa. Commw. LEXIS 2124 (Pa. Ct. App. 1987).

Opinion

Opinion by

Judge Craig,

The pivotal question which the court must presently address regards the burden of proof which a claimant must sustain under section 413 of The Pennsylvania Workmens Compensation Act1 in order to warrant a reinstatement of benefits after the claimant has signed a final receipt.

On March 27, 1978, claimant Charles Williams suffered a work-related injury when acid splashed into his [574]*574left eye. The claimant received compensation pursuant to a Notice of Compensation Payable beginning the day after his disability, March 28, 1978, until he returned to work on April 5, 1978. On April 27, 1978, the claimant signed a final receipt.

On May 20, 1982, more than three years later, the claimant filed a petition to set aside final receipt, on a form captioned “Section 434,”2 alleging that he had lost the use of his left eye for all practical intents and purposes. Further, the claimant stated that, because his claim involved an eye injury, it was excepted from the general three-year statute of limitations.

Following a hearing at which the claimant introduced expert medical testimony, the referee concluded, “[t]he claimant has sustained his burden of proof that he has sustained the loss of use of his left eye for all practical intents and purposes as a result of the injury.” The referee hence directed the employer to pay compensation to the claimant for the loss of use of his left eye.

On appeal, the board affirmed the referees decision, concluding that the claimants petition, although erroneously filed on a section 434 form, could state grounds for relief under section 413, because the claimant had specified in his petition, consistent with section 413, that the three-year statute of limitations does not apply to eye cases. The board then concluded that the claimants burden was to prove that the eye was lost for all practical intents and purposes and that the claimant had sustained that burden.

Initially, we agree with the boards conclusion that the claimants failure to employ the proper form in seeking relief was not fatal to his claim. The board cited Dunmore School District v. Workmen's Compensation Appeal Board (Lorusso), 89 Pa. Commonwealth Ct. [575]*575368, 492 A.2d 773 (1985), in which this court reiterated that, because strictness of pleading is not required in workmens compensation cases, evidence which justifies relief under some section of the Act warrants the granting of that relief, although the claimant may have presented his petition under an improper section. Rose v. Horn & Hardart Baking Co., 214 Pa. Superior Ct. 56, 251 A.2d 721 (1969).

Both sections 413 and 434 of the Act include the general limitation that a claimant may seek a change in his compensation status by filing a petition within three years after the most recent payment of compensation. However, only section 413, which provides for reinstatement of an award or agreement, excepts eye injuries from that limitation. In part, that section provides:

[Ejxcept in the case of eye injuries, no notice of compensation payable, agreement or award shall be reviewed, or modified, or reinstated, unless a petition is filed with the department within three years after the date of the most recent payment of compensation made prior to the filing of such petition. . . .

77 P.S. §772 (emphasis added).

By contrast, section 434, which provides for the setting aside of a final receipt, contains no eye injury exception. It provides in pertinent part:

[A] referee designated by the department may, at any time within three years from the date to which payments have been made, set aside a final receipt, upon petition filed with the department, or on the departments own motion, if it be shown that all disability due to the injury had not terminated.

77 P.S. §1001.

Therefore, because the claimant filed his petition more than three years after his last compensation payment, he may seek relief only under section 413.

[576]*576Significantly, the claimants burden of proof under section 413 is different from that in section 434. The latter provides that a claimant must show “that all disability due to the injury in fact had not terminated [when the final receipt was executed].” 77 P.S. §1001. See Sheibley v. Workmen's Compensation Appeal Board (ARA Food Services Co.), 86 Pa. Commonwealth Ct. 28, 483 A.2d 593 (1984).

However, under section 413:

A referee designated by the department may, at any time, modify, reinstate, suspend, or terminate a notice of compensation payable, an original or supplemental agreement or an award of the department or its referee, upon petition filed by either party with the department, upon proof that the disability of an injured employe has increased, decreased, recurred, or has temporarily or finally ceased, or that the status of any dependent has changed. Such modification, reinstatement, suspension, or termination shall be made as of the date upon which it is shown that the disability of the injured employe has increased decreased, recurred, or has temporarily or finally ceased, or upon which it is shown that the status of any dependent has changed:

77 P.S. §772 (emphasis added). See Memorial Osteopathic Hospital v. Workmen's Compensation Appeal Board (Brandon), 77 Pa. Commonwealth Ct. 518, 466 A.2d 741 (1983).

Accordingly, resolution of the case cannot rest solely upon the boards statement that the claimants burden of proof under section 413 is met by establishing that his eye has been lost for all practical intents and purposes, citing Thiele, Inc. v. Workmen's Compensation Appeal Board (Sulosky, Jr.), 83 Pa. Commonwealth Ct. 286, 477 A.2d 51 (1984). Although that statement describes [577]*577the burden of proof required to show a specific loss of an eye, section 413 demands that the claimant show that disability has recurred or increased.

Of course, in a case like the present one, if the original disability consisted of an impairment of eyesight falling short of a specific loss of the eye, evidence that the injury or disability had resolved itself subsequently into a specific loss—that is, loss of use of the eye for all practical intents and purposes—then such a record would necessarily confirm that there had been an increase in disability.

Although the referees findings and conclusions do not refer to an increase or recurrence of disability as such, they clearly pinpoint the existence of a disability in terms of impaired vision at and after the signing of the final receipt and a subsequent loss of use of the eye for all practical intents and purposes, a specific loss, as of May 13, 1983.

The referee found:

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Related

Coover v. Workmen's Compensation Appeal Board
591 A.2d 347 (Commonwealth Court of Pennsylvania, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
525 A.2d 21, 105 Pa. Commw. 572, 1987 Pa. Commw. LEXIS 2124, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-welding-mfg-co-v-workmens-compensation-appeal-board-pacommwct-1987.