Possumato v. Midvale Heppenstall Co.
Possumato v. Midvale Heppenstall Co.
Opinion of the Court
Opinion by
Anthony Possumato was injured on April 30, 1964 while working for Midvale Heppenstall Company. He received benefits for total disability under a compensation agreement until March 22, 1965, when he returned to work. He executed a final receipt on March 29, 1965. On November 1, 1965 Possumato left his work, and on December 3, 1965 he filed a petition for reinstatement of the compensation agreement. A referee set aside the final receipt and awarded compensation but the Workmen’s Compensation Board, on October 15, 1970, sustained the employer’s appeal, finding that the claimant had a 25% partial disability but that he was not entitled to compensation because he had quit his work without justification and had, therefore, no loss of earnings as a result of his disability. The Court of Common Pleas of Philadelphia County, as a result of appeals by Possumato, twice remanded the matter to the Workmen’s Compensation Board for reconsideration. The second order of remand was appealed to this Court. In Possumato v. Midvale-Heppenstall Co., 4 Pa. Commonwealth Ct. 664, 287 A.2d 915 (1972),
On November 5, 1970, Possnmato filed a Petition to Modify the action of the Board
Order
■ And Now, this 7th day of January, 1977, the order of the Workmen’s Compensation Appeal Board made February 5,1976, and the referee’s decision made May 13, 1975,- dismissing Anthony Possnmato’s Petition to Modify, are vacated and the record is remanded for a hearing before a referee designated by the Board.
The Supreme Court of Pennsylvania denied allocatur of this decision.
Pursuant to Section 413 of The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §772.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.