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GAMMAITONI v. GASPARINI EXCAVATING COMPANY ET AL. (03/27/58)

March 27, 1958

GAMMAITONI
v.
GASPARINI EXCAVATING COMPANY ET AL., APPELLANTS.



Appeal, No. 8, Feb. T., 1958, from judgment of Court of Common Pleas of Lackawanna County, Jan. T., 1957, No. 487, in case of Dominico Gammaitoni v. Gasparini Excavating Company et al. Judgment affirmed.

COUNSEL

Penrose Hertzler, with him Daniel H. Jenkins, for appellants.

Milton J. Kolansky, for appellee.

Before Rhodes, P.j., Wright, Woodside, Ervin, and Watkins, JJ. (hirt and Gunther, JJ., absent).

Author: Ervin

[ 185 Pa. Super. Page 644]

OPINION BY ERVIN, J.

In this workmen's compensation case both the referee and the board found for the claimant and made an award in his favor. This is an appeal from a judgment entered by the court below sustaining the award. As usual, the only question is whether or not the claimant suffered an accident from which compensable disability resulted.

On April 1, 1953 the claimant was engaged as a common laborer in digging a ditch. The ground in which he was digging was of unusual hardness and the claimant was obliged to put forth extra effort in order to sink his shovel into the ground. While he was so engaged he suddenly discovered bleeding from the

[ 185 Pa. Super. Page 645]

    rectum. He reported the fact immediately to his superior and was taken directly to his home where he received medical attention from Dr. Minora, who diagnosed the condition as a procidentia of the rectum and ordered claimant transferred to a hospital. On April 15 an operation was performed for a procidentia by Dr. Leonard Freda. Dr. Moran testified that a "procidentia is the result of loosening and relaxation of the supports of the rectal and upper abdominal wall." Dr. Freda, at the same time on April 15, also removed three groups of hemorrhoids. The referee found: "... that this set of circumstances constitutes an accident." He further said: "We find as a fact that as a result of said accident, as the result of strain claimant suffered a complete procidentia of the rectum, that is, the rectum fell outside and at the time the claimant found the seat of his pants covered with blood." The referee also found that "an operation to correct the procidentia was performed by Dr. Leonard Freda on April 15, 1953. ..."

In its opinion the board said: "... on January 12, 1955, Judge HOBAN stated: 'It was for the express purpose of gaining further evidence to determine whether claimant's injury was a normal development of a pre-existing pathological condition or whether it was an unexpected and unusual pathological result occurring in the course of ordinary manual labor usual to the employee's work, that the Board remanded for further investigation." The board also said: "While attempting to excavate said earth, claimant strained himself to a degree that it caused a complete procidentia of the rectum, which totally disabled him to July 1, 1953."

We are compelled to agree with appellants that claimant did not suffer an accident in the ordinary lay understanding of that term. To constitute such an ...


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