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ALLEN v. PATTERSON-EMERSON-COMSTOCK (06/11/58)

June 11, 1958

ALLEN, APPELLANT,
v.
PATTERSON-EMERSON-COMSTOCK, INC.



Appeal, No. 70, April T., 1958, from judgment of County Court of Allegheny County, No. A612 of 1957, in case of Mrs. Elizabeth Bowden Allen v. Patterson-Emerson-Comstock, Inc. Judgment affirmed.

COUNSEL

William J. Krzton, with him Louis Vaira, for appellant.

Murray J. Jordan, with him Fred J. Jordan, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Watkins

[ 186 Pa. Super. Page 499]

OPINION BY WATKINS, J.

This is an appeal in a workmen's compensation case. Thomas W. Allen, the deceased husband of the claimant, was employed by the defendant company at the mill of the Pittsburgh Steel Company in Monessen, Pa. On October 19, 1951 while ascending a flight of stairs, he turned and fell, face down, to the concrete floor below.

[ 186 Pa. Super. Page 500]

Before falling he had taken two steps up the stairway. He died in an ambulance on the way to the hospital.

The referee and the board disallowed compensation and the County Court of Allegheny County affirmed the disallowance by holding that the claim petition was filed more than one year after the alleged accident; that claimant failed to show the happening of an accident; that there was no evidence of casual relationship between an accident and the deceased's death; and that claimant failed to give defendant employer the required notice of the alleged accident within 90 days after the occurrence.

On appeal to the Superior Court, in an opinion written by President Judge RHODES, this Court reversed the county court and held that notice requirements had been met and remanded the record to the court below with the direction to return it to the compensation authorities, to "receive such testimony as may be offered to prove or disprove any casual connection between the accident and deceased's death". Allen v. Patterson-Emerson-Comstock, 180 Pa. Superior Ct. 286, 119 A.2d 832 (1956).

In pursuance of this Court's opinion, the compensation authorities heard the testimony, the board modified the referee's finding that the claim was untimely filed, but affirmed the finding against the claimant that the death of the decedent was neither caused by nor associated with the incident of the fall on October 19, 1951, but was the result of natural causes, to wit, coronary occlusion.

The record discloses that the decedent had been examined by Dr. J. B. Hughes for insurance about a month prior to his death. He was found to be healthy in all pertinent respects and the insurance application was ...


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