Pappans Family Restaurant v. Workmen's Compensation Appeal Board

666 A.2d 767, 1995 Pa. Commw. LEXIS 463
CourtCommonwealth Court of Pennsylvania
DecidedOctober 20, 1995
StatusPublished

This text of 666 A.2d 767 (Pappans Family Restaurant 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
Pappans Family Restaurant v. Workmen's Compensation Appeal Board, 666 A.2d 767, 1995 Pa. Commw. LEXIS 463 (Pa. Ct. App. 1995).

Opinion

KELTON, Senior Judge.

Employer Pappan’s Family Restaurant petitions for review of the December 30, 1994 order of the Workers’ Compensation Appeal Board affirming Referee Thomas J. Ferris’ August 30, 1993 order granting a partial suspension and modification of Claimant Tony Gruen’s benefits and denying Employer’s petition for termination.1 The issue before us is whether the Board erred in determining that the job referral notices provided to Claimant were deficient for lack of specificity. We vacate the Board’s order and remand for further findings of fact.

On May 18, 1982, Claimant injured his lower back in his capacity as an assistant manager with Employer. Pursuant to a June 1, 1982 notice of compensation payable, Claimant received total disability benefits at a weekly rate of $166.67. (Finding of Fact No. 2.) Claimant has been unable to resume [769]*769his regular work as of May 19, 1982 as a result of his injury. (Finding of Fact No. 5.)

On April 30, 1991, Employer filed a petition for termination of benefits and a request for a supersedeas therein alleging that “Claimant has been released to return to light duty work[,] Claimant has been notified of six (6) jobs to apply for and the Claimant has only applied for one (1) of them.” (R.R. 23a.) This petition was later amended to a petition for modification or suspension as of October 1, 1990. The supersedeas was granted on June 10, 1992.

On Employer’s behalf, a vocational expert made six job referrals to Claimant. The Referee found that all of the job notifications were flawed, however, because they did not contain information relating to hours of employment, the rate of pay or wages and an adequate description of job duties. (Finding of Fact No. 7.)

The Referee found as follows with regard to the limitations placed on Claimant by Dr. Robert P. Durning:

17. Dr. Durning indicated that his job-capabilities form dated July 19, 1990, was applicable and controlling. Therein, he indicated that claimant was able to work only four hours on any day, that he was able to stand/walk only one hour at one time and four hours total, that he could sit only one hour at one time and three hours total, that he could lift 20-25 pounds occasionally and 15 pounds frequently, and that he was cleared for sedentary to light work.

(Finding of Fact No. 17.)

Based on these limitations, the Referee found that “[ujntil July 1, 1991

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Bethenergy Mines, Inc. v. Workmen's Compensation Appeal Board
572 A.2d 843 (Commonwealth Court of Pennsylvania, 1990)
Nabisco v. Workmen's Compensation Appeal Board
611 A.2d 352 (Commonwealth Court of Pennsylvania, 1992)
Four-Way Construction Co. v. Workmen's Compensation Appeal Board
536 A.2d 873 (Commonwealth Court of Pennsylvania, 1988)
Roadway Express, Inc. v. Workmen's Compensation Appeal Board
536 A.2d 870 (Commonwealth Court of Pennsylvania, 1988)
Kachinski v. Workmen's Compensation Appeal Board
532 A.2d 374 (Supreme Court of Pennsylvania, 1987)
A.C.T.S., Inc. v. Workmen's Compensation Appeal Board
585 A.2d 619 (Commonwealth Court of Pennsylvania, 1991)
School District v. Workmen's Compensation Appeal Board
603 A.2d 682 (Commonwealth Court of Pennsylvania, 1992)

Cite This Page — Counsel Stack

Bluebook (online)
666 A.2d 767, 1995 Pa. Commw. LEXIS 463, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pappans-family-restaurant-v-workmens-compensation-appeal-board-pacommwct-1995.