Scott v. Workmen's Compensation Appeal Board
Scott v. Workmen's Compensation Appeal Board
Opinion of the Court
■Opinion by
This is an appeal from the decision of the Workmen’s Compensation Appeal Board (Board), which affirmed the referee’s dismissal of the petition for reinstatement of Margaret Scott (Petitioner).
On September 1, 1978, Petitioner was injured while at work and began receiving disability benefits from her employer, the Wallingford-Swarthmore School District (School District), pursuant to a notice of compensation payable.
On appeal Petitioner alleges as a violation of due process her failure to receive proper notice of the original petition for suspension.
A review of the record in this case reveals that Petitioner did take a direct appeal to the Board from the granting of the petition for suspension, but withdrew that appeal in order to pursue the petition for reinstatement. Although Petitioner then attempted to raise the due process issue at this later forum, the referee correctly informed her that he had no authority to consider the issue, and that such an issue must be raised by an appeal. Petitioner elected to proceed ■with the petition for reinstatement, and thereafter the proceedings were limited to testimony relating to the
The record is therefore clear that Petitioner, having elected to pursue the petition for reinstatement, waived her right to appeal from the suspension of benefits. The referee was correct in refusing to consider .an issue which would have been raised on such prior appeal.
Accordingly, we affirm the order of the Board which affirmed the referee’s dismissal of the petition.
Order,
Now, March 5, 1984, the order of the Workmen’s Compensation Appeal Board in the above referenced matter, No. A-81526, dated July 29, 1982, is hereby affirmed.
Section 407 of The Pennsylvania Workmen’s Compensation Act (Act), Act of June 2, 1915, P.S. 736, as amended, 77 P.S. §731.
Upon the petition filed by either party, a referee may modify, reinstate, suspend, or terminate a notice of compensation payable. Section 413 of the Act, 77 P.S. §772.
Petitioner contends that her failure to appear or defend on the petition for suspension was the result of the notice being mailed to the wrong address.
See Sections 423-426 of the Act, 77 P.S. §§853-856, 871.
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