Jones & Laughlin Steel Corp. v. Commonwealth
Jones & Laughlin Steel Corp. v. Commonwealth
Opinion of the Court
Opinion by
Jones & Laughlin Steel Corporation has appealed from a Workmen’s Compensation Appeal Board order affirming a referee’s decision setting aside a final receipt executed by Andrew Sotak, and reinstating disability payments to Sotak under a supplemental compensation agreement.
Sotak suffered an accident in the course of his employment with Jones & Laughlin on December 8, 1974 when the locomotive he was operating hit a bump,
' In an action to set aside a final receipt under Section 434 of The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §1001, the claimant has the burden of conclusively proving that all disability attributable to the prior accident has not, in fact, terminated. Where the party with the burden of proof has prevailed before the referee, as Sotak did here, and where the Board has not taken additional evidence, our review is limited to a determination of whether or not constitutional rights were violated, an error of law was committed, or any necessary findings of fact made by the referee were unsupported by substantial evidence. Workmen’s Compensation Appeal Board v. Universal Cyclops Specialty Steel Division of Cyclops Corp., 20 Pa. Commonwealth Ct. 261, 341 A.2d 223 (1975).
Jones & Laughlin contends that Sotak’s medical evidence was not unequivocal and did not therefore establish the necessary causal connection between his
Order affirmed.
Order
And Now, this 22nd day of June, 1979, the Board’s order affirming the referee’s action in setting aside the final receipts signed by Andrew Sotak on July 10, 1975 and February 13, 1976 is affirmed. Judgment is entered in favor of Andrew Sotak and against Jones & Laughlin Steel Corporation. Jones & Laughlin Steel Corporation is ordered to pay the claimant the sum of $106.00 per week commencing February 28, 1976 and continuing indefinitely thereafter in accordance with the provisions of The Pennsylvania Workmen’s Compensation Act in force on that date. This award shall bear interest on deferred payments at the rate of ten percent per annum.
Jones & Laughlin Steel Corporation is further ordered to pay the medical expenses incurred by claimant as follows:
Centerville Clinic $446.00
Dr. Thomas C. Hohmann 70.00
Dr. H. M. Margolis Associates 569.00
Case-law data current through December 31, 2025. Source: CourtListener bulk data.