Opinion
Argued September 14, 1978
October 17, 1978.
Workmen's compensation — Petition to terminate agreement — Sufficient evidence — Hearsay.
1. When the record in a workmen's compensation case reveals that claimant's assertion on appeal that insufficient evidence supported the decision and that hearsay evidence was improperly considered is not well founded, the reviewing court will not disturb the decision of workmen's compensation authorities granting a petition of the employer to terminate benefits. [135]
Argued September 14, 1978, before Judges MENCER, DiSALLE and MacPHAIL, sitting as a panel of three.
Appeal, No. 1681 C.D. 1977, from the Order of the Workmen's Compensation Appeal Board in case of Frank Cabell v. Beltrami Enterprises, Inc., No. A-72178.
Petition with the Department of Labor and Industry to terminate workmen's compensation agreement. Petition granted. Employe appealed to the Workmen's Compensation Appeal Board. Appeal dismissed. Employe appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Thomas J. Carlyon, with him Falvello, Ustynoski, Giuliani Bernstein, for petitioner.
John R. Lenahan, Jr., with him Lenahan, Dempsey, Murphy Piazza, and James N. Diefenderfer, for respondents.
Frank Cabell (Claimant) was injured in the course of his employment with respondent, Beltrami Enterprises, Inc., (Beltrami) on February 22, 1974. Claimant complained only of an injury to his right leg, and the reports of his attending physician dated March 12, 1974, dealt exclusively with that injury.
A Notice of Compensation Payable was executed on March 19, 1974, and Claimant received benefits from February 23, 1974, to November 3, 1974. Then, on November 19, 1974, Beltrami filed a Petition to Terminate, alleging that Claimant had fully recovered and could return to his former employment. The evidence consisted of testimony by Dr. Wesley G. Stish, on behalf of Beltrami, and Dr. Gary L. Wolfgang, on behalf of Claimant. Dr. Stish examined Claimant on November 1, 1974, and found him to be fully recovered. At that time, Claimant made no mention of any back pains, and Dr. Stish confined his examination to Claimant's right leg. Claimant then went to Dr. Wolfgang, complaining that his back hurt. Dr. Wolfgang examined him and testified that he suffered from low back strain and could not return to work.
On August 30, 1976, the referee filed his opinion, concluding that Claimant had fully recovered. The Workmen's Compensation Appeal Board affirmed, and Claimant appealed.
The issues presented on appeal are whether the record contains sufficient evidence to sustain Beltrami's burden of establishing a right to terminate benefits and whether the referee improperly considered hearsay evidence. Based on our careful review of the record, we find no merit in any of Claimant's arguments.
Accordingly, we affirm.
PER CURIAM ORDER
AND NOW, this 17th day of October, 1978, the decision of the Workmen's Compensation Appeal Board, dated July 21, 1977, granting Beltrami's Petition to Terminate, is affirmed.