Gorrie v. Elliott Jordan & Son, Inc.

WERNICK, Justice.

On October 31, 1977 appellant Brendan W. Gorrie sustained an injury to his back in the course, and arising out, of his employment with appellee Elliott Jordan & Son, Inc. Under an approved agreement he was paid compensation for total incapacity at the rate of $145.62 per week commencing as of November 3, 1977.

On April 7, 1978, the employer filed with the Worker’s Compensation Commission a Petition for Review of Incapacity in which it was expressly stated that “fpjending hearing on this Petition, compensation has not been suspended.” After a hearing, held initially on May 17,…