Opinion
Argued June 10, 1976
August 30, 1976.
Workmen's compensation — Moot questions — Questions not preserved on appeal.
1. Where concessions of an appellee in a workmen's compensation case render a question moot which was raised on appeal and no other questions were properly preserved on appeal, the order of the Workmen's Compensation Appeal Board will be affirmed as modified to reflect the concessions made. [209-10]
Argued June 10, 1976, before Judges CRUMLISH, JR., WILKINSON, JR., and MENCER, sitting as a panel of three.
Appeal, No. 1525 C.D. 1975, from the Order of the Workmen's Compensation Appeal Board in case of Sidney S. Lerner, M.D., Administrator, Estate of Samuel Lerner, Deceased v. Philadelphia Psychiatric Center and Pennsylvania Manufacturers' Association Insurance Company and Workmen's Compensation Appeal Board of the Commonwealth of Pennsylvania, No. A-69972.
Petition to terminate workmen's compensation agreement with the Department of Labor and Industry. Disability found to have terminated. Petitioner and employe's administrator appealed to the Workmen's Compensation Appeal Board. Decision affirmed. Employe's administrator appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed as modified.
Sidney S. Lerner, M.D., appellant, for himself.
David L. White, with him John F. McElvenny, and James N. Diefenderfer, for appellees.
The primary issue in this appeal from a determination of the Workmen's Compensation Appeal Board is the record support for the referee's finding of termination of decedent's disability on October 7, 1971. Appellees have conceded that the date of October 7, 1971 bears no relation to the evidence in the record and therefore, at oral argument, they offered payment for the full period of disability until decedent's death on December 21, 1971. Since this concession necessarily renders moot appellant's other objection to the manner in which the hearings were conducted, and, since appellant has failed to properly preserve in his appeal any other matters adjudicated below, we shall issue the following
ORDER
AND NOW, this 30th day of August, 1976, the order of the Workmen's Compensation Appeal Board, relative to the claim of Sidney S. Lerner, M.D., administrator of the estate of Samuel Lerner, deceased, is affirmed as herein modified. Accordingly, judgment shall be entered in favor of Sidney S. Lerner, M.D., administrator of the estate of Samuel Lerner, deceased, against the Philadelphia Psychiatric Center and Pennsylvania Manufacturers' Association Insurance Company, appellees, in the amount of $60 per week, commencing March 12, 1970 and continuing until December 21, 1971. Appellees shall also pay the following sums for medical expenses:
(a) $90 to Dr. Simon Polan
(b) $20 to Dr. Joseph Sirken.
All payments shall be subject to credit for any prior payments, relative to the above award items, made to the decedent or his estate. The above award is to bear interest at the rate of 10 percent per annum on all deferred payments of compensation, in accordance with the provisions of The Pennsylvania Workmen's Compensation Act.