Harrity v. Workmen's Compensation Appeal Board
Harrity v. Workmen's Compensation Appeal Board
Opinion of the Court
Opinion by
This is an appeal from an order of the Workmen’s Compensation Appeal Board (Board) affirming the decision of the referee denying the Claimant, Joseph Harrity, workmen’s compensation benefits.
Claimant alleges that his back was first injured in an industrial accident in November of 1972, that he was lulled by his employer into withholding the filing of a claim for workmen’s compensation benefits for that injury, that his prior back injury was aggravated by the lifting he was required to do in connection with his job and that the pain continued and became so intense that he was forced to terminate his employment in February of 1978, subsequent to which he filed a claim petition. The referee, after five hearings, found that Claimant failed to prove a work related injury in 1978 and concluded that Claimant was barred by the statute of limitations from filing any claim for the injury alleged to have been sustained in 1972.
The referee stated in his findings that the testimony of Claimant’s physician which was to the effect that Claimant’s present disability
Order affirmed.
Order
The order of the Workmen’s Compensation Appeal Board denying workmen’s compensation benefits to Joseph Harrity, is affirmed.
See Section 315 of The Pennsylvania Workmen’s Compensation Act, Act of June 2,1915, P.L. 736, as amended, 77 P.S. §602.
Paragraph 5 of the Claim Petition reads as follows:
My injury or disease occurred in the following manner— Had industrial accident in 1972; which company doctor diagnosed as muscle strain and sprain; continued to experience pain until 1978; went to my doctor; later x-rays revealed fractures; company put me out.
Employer’s medical witness concedes that Claimant is at least partially disabled.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.