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COPE v. PHILADELPHIA TOILET LAUNDRY & SUPPLY CO. ET AL. (07/20/50)

July 20, 1950

COPE
v.
PHILADELPHIA TOILET LAUNDRY & SUPPLY CO. ET AL.



COUNSEL

Edward Stone and Shapiro, Conner, Rosenfeld and Stalberg, Philadelphia, for appellant.

Joseph Head, Jr., John B. Martin, and Duane, Morris & Heckscher, Philadelphia, for appellees.

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

Author: Rhodes

[ 167 Pa. Super. Page 206]

RHODES, President Judge.

This is an appeal by claimant in a workmen's compensation case from the judgment of the court of common pleas entered for defendant. This action of the court below was in affirmance of the order of disallowance by the Workmen's Compensation Board. The referee had previously dismissed claimant's petition for compensation as the dependent widow of her deceased husband.

In her petition for compensation, claimant averred that her husband died on March 25, 1946, from a coronary thrombosis; that this was the result of an accident suffered on November 9, 1945, while in the employ of the

[ 167 Pa. Super. Page 207]

Philadelphia Toilet Laundry and Supply Company, the defendant.

Defendant filed an answer in which it denied the material allegations in the petition, and averred that deceased's disability and death were not in any manner related to any accident.

The referee's order of dismissal was based upon a finding of fact that deceased's death was in no way related to any accidental injury sustained by him while in the course of his employment with defendant.

The Board in affirming the referee's findings of fact, conclusions of law, and order of dismissal also stated that the evidence failed to establish that deceased was stricken while overexerting himself, and that the medical testimony was uncertain as to whether or not deceased had a sound heart before November 9, 1945.

Claimant and deceased were married in 1914 and had one dependent child, a son two and one-half years of age, at the time of the hearing. Deceased was employed by defendant as a laundry driver-salesman, and his duties consisted of collecting bundles of laundry, taking them to defendant's plant, and returning them to the customers. He had been doing this type of work for about 23 years. On November 9, 1945, he returned to his home about 6:30 p.m.; he seemed to be ill and could not eat dinner; and at 1:30 a. m. on Sunday, November 11, 1945, he appeared to be breathing heavily, and claimant called his physician, Dr. Willian F. Fearn. In Compliance with the doctor's advice, deceased remained in bed for six weeks. On March 15, 1946, deceased returned to his ...


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