Parlovich v. Philadelphia & Reading Coal & Iron Co.

Citations

• 76 Pa. Super. 86
• 1921 Pa. Super. LEXIS 91

Syllabus

<p>'Workmen’s Compensation Law — Final receipt — Practice—Setting aside settlement — Injury to eye — Refusal of surgical treatment — Amending Act of June 26, 1919, P. L. 61/-2.</p> <p>The Workmen’s Compensation Board is not obliged to follow the rules of courts in law and equity in determining whether or not to set aside a “final receipt.” Where such receipt is given and the condition of the claimant changes, the Workmen’s Compensation Board may go behind the agreement and consider the case on the merits.</p> <p>Mere delay for three days in applying for treatment is not a refusal to accept reasonable surgical aid, where the testimony of the employer’s surgeon was that the injury might have been no less serious even if it had been treated immediately.</p> <p>The Amending Act of June 26,1919, P. L, 642, was not designed to substantially reenact the old law as to contributory negligence nor to deprive an employee of compensation because he did not follow all the directions of all the physicians and surgeons deputed to look after him. Its purpose was to allow a defense by the employer where injury or larger incapacity are entirely the result of unwillingness of the employee to receive treatment.</p>