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HOULIHAN v. JOSEPH J. SCHEITER & CO. ET AL. (01/12/50)

January 12, 1950

HOULIHAN
v.
JOSEPH J. SCHEITER & CO. ET AL.



COUNSEL

Leonard B. Rosenthal, Abraham, Wernick, Philadelphia, for appellant.

Robert C. Kitchen, Louis Wagner, Richard A. Smith, Philadelphia, for appellees.

Before Rhodes, P. J., and Hirt, Dithrich, Ross, Arnold and Fine, JJ.

Author: Rhodes

[ 166 Pa. Super. Page 86]

RHODES, President Judge.

This is a workmen's compensation case in which claimant has appealed from the order of the court of common pleas affirming the Workmen's Compensation Board which granted defendants' petition to terminate a compensation agreement, and dismissed claimant's petition for the allowance of additional medical or hospital service under section 306(f) of the Workmen's Compensation Act of June 2, 1915, P.L. 736, as renumbered and last amended by the Act of May 18, 1945, P.L. 671, § 1, 77 P.S. § 531.

Claimant accidentally fell from a ladder while at work on October 16, 1945, for his employer. He was treated at the Germantown Hospital, and his injury was described as a molecular fracture of the left os calcis and contusion of the right ankle. A compensation agreement was signed under which claimant was paid for total disability. On December 15, 1945, the sixty-day period within which the employer was liable initially for medical and hospital expenses terminated. On December 18, 1945, claimant filed his petition pursuant to section 306(f) of the Workmen's Compensation Act, 77 P.S. § 531. Claimant's petition was dismissed on March 7, 1946, after hearing. On June 16, 1946, defendants filed a petition to modify the compensation agreement to provide for partial disability instead of total disability; on September 25, 1946, they filed a petition for termination. The referee dismissed the petition to modify but granted the petition to terminate the compensation agreement as of September 23, 1946, and terminated compensation as of that date. The action of the referee was affirmed by the board, and the court of common pleas has dismissed claimant's appeal.

[ 166 Pa. Super. Page 87]

The primary question presented to us is whether the finding of the board that all disability of the claimant caused by the accident of October 16, 1945, had terminated on September 23, 1946, is supported by competent and substantial evidence sufficient to justify the finding. This is purely a factual issue which has been resolved against the claimant by the board, and on the record presented to us the board's findings and conclusions will not be disturbed.

The clinical record of the Germantown Hospital shows that the cast was removed from claimant's left leg on December 5, 1945. On December 10, 1945, an X-ray examination was made, and on December 14, 1945, a further examination showed that the fracture had united. An examination by Dr. J. A. Allen at the Germantown Hospital on May 27, 1946, disclosed the following:

'Patient stands with marked lordosis, prominent abdomen, general posture extremely poor. Feet very pronated.

'Examination of spine reveals no muscle spasm with motion. Lumbar muscles are very contracted. There is good motion through subastragular joint of both feet. No points of tenderness. Marked pronation bilateral. Patient very apprehensive of any attention to left foot.

'Impression: Fracture of left oscalcis well healed, with no joint arthritic. Symptoms in feet, knees and back best explained on postural basis. This man gained 18 lbs. in weight during a period when foot musculature was ...


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