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SILVERS v. PHILCO CORP. ET AL. (03/16/54)

March 16, 1954

SILVERS
v.
PHILCO CORP. ET AL.



COUNSEL

Mitchell E. Panzer, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, for appellant.

Louis Wagner, Richard A. Smith, Philadelphia, for appellees.

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

Author: Woodside

[ 175 Pa. Super. Page 248]

WOODSIDE, Judge.

This is an appeal by a claimant in a Workmen's Compensation case, from the Court of Common Pleas No. 1 of Philadelphia. The court affirmed the Board which had affirmed the Referee.

The claimant, a machine operator, incurred an injury while at work in defendant's plant on June 15, 1948. At the time of the injury he was working on a welding machine which he operated by depressing a metal pedal with his foot. While thus engaged his left foot slipped off the side of the pedal. This sudden release of pressure caused the pedal to rise rapidly, and rub against the inner side of appellant's left leg.

Claimant filed his original claim petition on March 25, 1949, alleging that he had sustained phlebitis of the left leg as a result of the accident.

Claimant's medical expert, Dr. Horman Skversky, testified at the second of two hearings before the Referee, that he had examined claimant between March 5, 1949 and May 2, 1949, and that in his opinion the claimant was suffering from thrombophlebitis as a direct result of the accident. The defendant's medical experts, Dr. Henry S. Kinloch and Dr. Joseph T. Klauder, testified that in their opinion the claimant was suffering from an eczematous rash, which was not attributable to the accident but was rather the result of varicose veins.

In the decision dated March 23, 1950 the Referee found that the accidental injury resulted in phlebitis; and claimant was awarded compensation from March 15, 1949, the date upon which he ceased work as a result of the disability, until October 5, 1949, the date upon which he returned to work.

Both parties appealed to the Workmen's Compensation Board, the defendant contending that the claimant's medical testimony did not support the Referee's allowance of benefits, and the claimant contending

[ 175 Pa. Super. Page 249]

    that the evidence did not warrant a finding that his disability ...


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