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GOWER v. MACKES ET AL. (06/11/57)

June 11, 1957

GOWER
v.
MACKES ET AL., APPELLANTS.



Appeal, No. 13, Feb. T., 1957, from judgment of Court of Common Pleas of Monroe County, Feb. T., 1956, No. 39, in case of Albert A. Gower v. Paul A. Mackes. Judgment affirmed; reargument refused July 3, 1957.

COUNSEL

David B. Skillman, with him George T. Robinson, for appellant.

David L. Ullman, with him Martin H. Philip, for appellee.

Before Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ. (rhodes, P.j., absent).

Author: Watkins

[ 184 Pa. Super. Page 42]

OPINION BY WATKINS, J.

This is a workmen's compensation case in which the defendant employer and his insurance carrier appeal from the decree of the Court of Common Pleas of Monroe County dismissing their appeal from an award made by the board to the claimant. An award was originally denied by the referee but the board on appeal

[ 184 Pa. Super. Page 43]

    by the claimant reversed the referee and entered an award for the claimant.

On June 27, 1952 the claimant, Albert Gower, had his right knee injured while employed in a lumbering operation. He was treated and returned to work on July 29, 1952 and worked until August 15, 1952 when there was a recurrence of the knee disability. It was described as a prepatellar effusion. On August 29, 1952 at the Monroe County General hospital an examination revealed claimant had had a hemorrhage of the knee joint which had been preceded by a purulent discharge. On this date an 18-gauge needle was inserted and about 30 ccs. of sanguineous synovial type fluid containing many bits of tissue which may be organized clots or fragments of synovia were removed. He returned to the hospital on September 2, 1952 at which time the swelling and pain were almost completely gone, however, there was still trouble with the knee and a possible operation was discussed with the claimant. The trouble was diagnosed as a traumatic prepatellar bursitis. He again returned to work on September 8, 1952 and worked until September 12, 1952. On this date his right knee was stiffened, sore and swollen. He told his employer about it and his employer told him to go to the doctor. He finished his work that day and in the evening, at his home, he went out on the porch to answer a call of nature and when he was going back into the house his right knee came into contact with the door frame, causing severe pain. He fell backwards on the porch and rolled off the porch to the ground resulting in a fracture of the surgical neck of the left femur. As a result he is totally and permanently disabled.

It is admitted that the accident disabled the claimant for a period from June 27, 1952 to July 29, 1952. It is further agreed that there was a recurrence of disability

[ 184 Pa. Super. Page 44]

    for a period from August 15, 1952 until September 8, 1952. Compensation was paid to ...


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