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KARASCIEWICZ v. CROWN CAN COMPANY. (11/14/58)

November 14, 1958

KARASCIEWICZ, APPELLANT,
v.
CROWN CAN COMPANY.



Appeal, No. 218, Oct. T., 1958, from judgment of Court of Common Pleas No. 6 of Philadelphia County, Sept. T., 1956, No. 714, in case of Sophie Karasciewicz, guardian ad litem of Walter Karasciewicz, v. Crown Can Company et al. Judgment affirmed.

COUNSEL

Alexander F. Barbieri, for appellant.

Peter P. Liebert, 3rd, with him John J. McDevitt, 3rd, for appellees.

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

Author: Gunther

[ 188 Pa. Super. Page 213]

OPINION BY GUNTHER, J.

This appeal is from the judgment of the court below in which the action of the Workmen's Compensation Board was sustained. On September 25, 1943, claimant's husband, Walter Karasciewicz, was injured at Crown Can Company as a result of a blow to his head from a heavy, sharp-edged metal truck handle. He suffered a laceration on the head and brain concussion for which he was hospitalized at the Metropolitan Hospital,

[ 188 Pa. Super. Page 214]

    where he remained until September 28, 1943. After his discharge from the hospital, he remained at home until October 17, 1943, when he returned to work and worked until March 18, 1944. On March 19, 1944, claimant's husband was admitted to the Philadelphia General Hospital for mental disorder. From there, he was transferred to the Philadelphia State Hospital (Byberry), on April 3, 1944, with a diagnosis of dementia praecox, catatonic type, where he was treated until October 2, 1944. On this date, he was paroled for a period of a year but was readmitted on September 23, 1945. Two days later, he was again paroled and kept on the rolls of the hospital as an out-patient until January 5, 1947, when it became necessary to readmit him as a confined case. He has remained there ever since.

On July 25, 1944, a claim petition was filed by claimant, Sophie Karasciewicz, as guardian ad litem of Walter Karasciewicz, claiming that her husband's mental disability was caused, aggravated or precipitated by the accident.

Hearings on said petition were had on December 18, 1945, November 25, 1946, February 24, 1948, April 28, 1949, January 18, 1950, April 25, 1950, October 24, 1950 and February 1, 1951. On July 31, 1951, the referee filed his decision, awarding partial disability compensation for certain periods and total disability compensation following January 1, 1947. Defendants, Crown Can Company and Employers Liability Assurance Corp., Ltd., appealed from this award to the Board, alleging error in awarding compensation beyond October 17, 1943. On May 14, 1952, the Board sustained defendants' appeal and limited compensation liability to the period from September 25, 1943 to October 17, 1943. From this decision, claimant appealed to the Court of Common Pleas of Philadelphia County

[ 188 Pa. Super. Page 215]

    and on July 31, 1953, the court set aside the action of the Board and remitted the record for further proceeding. On November 18, 1953, the Board remanded the record to a different referee for the purpose of taking the testimony of an impartial physician, and also authorized the parties to introduce any other testimony that they might desire to present. Subsequent to taking additional testimony, the referee allowed compensation to October 17, 1943 and disallowed compensation thereafter. Claimant appealed this decision to the Board. On February 9, 1955, the Board again remanded the case to the referee to permit claimant's attorney to present such additional testimony as he may desire to present. On August 5, 1955, the referee again stated that the award of May 14, 1954, allowing compensation only to October 17, 1943, should remain in effect. Claimant again appealed to the Board and on December 14, 1955, the Board affirmed the referee's award. Claimants appealed to the court below which sustained the appeal and remanded the record to the Board to consider the whole record and make findings, ...


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