Opinion
November 4, 1982.
Workmen's compensation — Termination of benefits — Medical testimony.
1. The weighing of the testimony in a workmen's compensation case resulting in the termination of benefits is solely within the province of the referee, and his decision to accept the testimony of one competent medical witness over that of others will not be disturbed on appeal. [536]
Submitted on briefs October 4, 1982, to Judges ROGERS, BLATT and CRAIG, sitting as a panel of three.
Appeal, No. 1779 C.D. 1981, from the Order of the Workmen's Compensation Appeal Board in the case of Pierino Masci v. Harmar Coal Company, No. A-80311.
Petition to the Department of Labor and Industry for the termination of workmen's compensation benefits. Benefits terminated. Claimant appealed to the Workmen's Compensation Appeal Board. Appeal denied. Claimant appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Margaret D. Blough, for petitioner.
George H. Thompson, with him Paul E. Sutter, Hirsch, Weise Tillman, for respondents.
Claimant Pierino Masci appeals from a June 23, 1981 order of the Workmen's Compensation Appeal Board which affirmed the referee's decision in favor of employer Harmar Coal Company, terminating compensation being paid to claimant for total disability under The Pennsylvania Workmen's Compensation Act.
Act of June 2, 1915, P.L. 736, as amended, 77 P. S. § 772, provides in relevant part:
A referee designated by the department may, at any time, modify, reinstate, suspend, or terminate a notice of compensation payable, an original or supplemental agreement or an award of the department or its referee, upon petition filed by either party with the department, upon proof that the disability of an injured employe has increased, decreased, recurred, or has temporarily or finally ceased, or that the status of any dependent has changed.
The claimant suffered a work-related injury to his neck and back on March 10, 1976, and received workmen's compensation benefits. The employer filed a petition for termination on June 3, 1977. The referee concluded that all disability from the injury had ended by March 18, 1977. The board affirmed.
The claimant contends that no substantial evidence supported the referee's decision to terminate the claimant's benefits because three medical experts reported that claimant was still disabled and only employer's single medical expert maintained the disability had ceased.
In Modern Transfer v. Workmen's Compensation Appeal Board, 47 Pa. Commw. 592, 597, 408 A.2d 900, 902 (1979), we held that, "the weighing of the testimony is solely within the province of the referee and his decision to accept the testimony of one competent medical witness over another will not be disturbed on appeal." In deciding against the claimant, the referee relied upon the deposition testimony of Dr. Botkin, the employer's witness, which the referee specifically found as a matter of fact to be the more credible testimony.
Claimant does not contest Dr. Botkin's qualifications. Therefore, we cannot find that the referee's decision was unsupported by substantial evidence.
ORDER
NOW, November 4, 1982, the order of the Workmen's Compensation Appeal Board, No. A-80311, dated June 23, 1981, is affirmed, and claimant's appeal is dismissed.