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MALIK v. CITY UNIONTOWN ET AL. (01/20/53)

January 20, 1953

MALIK
v.
CITY OF UNIONTOWN ET AL.



COUNSEL

James J. Burns, Jr., Pittsburgh, Ray, Coldren & Buck, Uniontown, for appellants.

Thomas A. Waggoner, Jr. (of Phillips, Waggoner Phillips & Board), Uniontown, for appellee.

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

Author: Rhodes

[ 172 Pa. Super. Page 563]

RHODES, P. J.

The issue in this workmen's compensation case is whether causal connection between the accidental injury and deceased's death was established.

[ 172 Pa. Super. Page 564]

Claimant, widow of the deceased employe, was awarded compensation by the referee. The award was affirmed by the Workmen's Compensation Board. On appeal to the Court of Common Pleas of Fayette County, judgment was entered on the award. The City of Uniontown and its insurance carrier have appealed.

Deceased was a police officer of the City of Uniontown. About 1 a.m. on November 16, 1948, deceased, who was on duty, was struck without warning on the right jaw below the ear by a prisoner. The blow caused him to fall to the floor of the police station, and he was rendered unconscious. Deceased was removed to the hospital where his injury was diagnosed as a mild concussion and a severe contusion of the jaw.

The referee's findings of fact affirmed by the Board were as follows:

'Sixth: The decedent's medical history for the twenty-five more years of service as a policeman for the City of Uniontown, prior to November 16, 1948, was one of good health and steady employment. After that date and to the time of his death, however, the picture changed to one of gradual and progressive decline in health. From the time of accident until his death the decedent complained to his family of not feeling well, of stiffness in his jaws and face pains; and was observed by his family physician and those with whom he worked as not being in the same state of health as before his accident and instead becoming progressively worse. He presented a picture of gradual and progressive decline in health until his death on October 15, [1], 1949.

'Seventh: The decedent died on October 15[1] 1949, as a result of myocardial infarction with acute coronary occlusion. We find also that at the time of, and ...


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