Workmen's Compensation Appeal Board v. Gutman
Workmen's Compensation Appeal Board v. Gutman
Opinion of the Court
Opinion by
This is an appeal from a decision and order of the Workmen’s Compensation Appeal Board which affirmed
Bernard Gutman died on April 12, 1972 as a result of thrombophlebitis developing after an operation for the repair of an inguinal hernia on April 4, 1972. His widow theréafter filed a Fatal Claim Petition for death benefits under the Workmen’s Compensation Act
The referee’s findings were as follows:
“1. The claimant has failed to prove the decedent, her husband, suffered a compensable injury in 'March or April, 1970.’
“2. The Claim Petition of the decedent was filed with the Bureau on 6 March 1973, substantially beyond the statute of limitations in effect at the time of . the alleged accident.
''3. The claimant died on 12 April 1972.
"4. The claimant never filed any Claim Petition seeking, nor did he receive, Workmen’s Compensation during his lifetime.”
The claimant’s medical witness testified that the decedent consulted him about two or three weeks before he, the witness, directed the decedent to see a specialist.
At the conclusion of the hearings the referee advised counsel that the case presented two issues, the first as to the admissibility of testimony, and the second the presently immaterial issue of the Statute of Limitations.
Our problem is that the referee’s decision contains only the bare finding that the claimant failed to prove a compensable injury in March or April 1970; it includes no discussion and the only conclusion of law is a reiteration of the finding of failure of proof. Even should we assume that the referee properly disregarded the widow’s testimony, there remained the doctor’s evidence that the decedent visited him and related a history of a work-related incident which in his opinion caused the hernia. We do not know whether the referee disregarded this testimony because he believed it to be inadmissible, which it was not, or whether he simply disbelieved it, which it was within his power to do, or whether he considered it insufficient because it did not include any date for the lifting incident.
Order
And Now, this 3rd day of February, 1976, we remand the record to the Workmen’s Compensation Appeal Board with directions that the referee render a decision including findings, conclusions and discussion giving the basis for his finding (and conclusion) that no compensable injury was proved to have been sustained.
. Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §411 et seq.
. This would place this consultation in late April or early May of 1970 because the widow testified that her husband saw the specialist in May 1970.
. See Hinkle v. H. J. Heinz Company, Pa. , , 337 A.2d 907, 910 (1975) : “The right of a claimant to compensation should not be barred because he cannot definitely fix the date of the accident resulting in his disability, either because he cannot remember the precise time when the accident occurred. . . .”
Reference
- Full Case Name
- Workmen's Compensation Appeal Board, Jordan Paint Factory and Nationwide Mutual Insurance Company v. Sylvia Gutman, Widow of Bernard Gutman
- Cited By
- 3 cases
- Status
- Published