Fornatti v. Tower Hill Connellsville Coke Co.

Citations

• 77 Pa. Super. 122
• 1921 Pa. Super. LEXIS 221

Syllabus

<p>Workmen’s Compensation Law — Compensation agreement — Total disability — Change of conditions — Petition to modify — Petition to terminate — Findings of referee — Award of Compensation Board.</p> <p>A judgment of the court of common, pleas affirming an award of the Workmen’s Compensation Board, will be reversed where it appears that it had been found as a fact by the referee that the claimant’s total disability had ceased, but that the Workmen’s Compensation Board had ordered the employer to continue payments of compensation for total disability, after the date when it had been determined that such total disability had ceased.</p> <p>The referee having found that the claimant’s total disability ceased on a certain date, but that he was still suffering from a partial disability as a result of the accident, he should have proceeded, under the petitions filed by the parties, to determine the extent of the loss of the claimant’s earning power and the amount of compensation which he was entitled to receive, because of such partial disability. An order continuing an award for total disability is contrary to the evidence of the case, and will be reversed.</p>