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GASIOR v. PITTSBURGH (12/09/58)

December 9, 1958

GASIOR
v.
PITTSBURGH, APPELLANT.



Appeal, No. 225, April T., 1958, from judgment of County Court of Allegheny County, No. A500 of 1958, in case of Mrs. Chester Gasior v. City of Pittsburgh. Judgment affirmed.

COUNSEL

George Shorall, Assistant City Solicitor, with him J. Frank McKenna, Jr., City Solicitor, for appellant.

Sanford M. Lampl, with him Samuel Krimsly, for appellee.

Before Rhodes, P.j., Hirt, Gunther, and Watkins, JJ. (wright, Woodside, and Ervin, JJ., absent).

Author: Watkins

[ 188 Pa. Super. Page 372]

OPINION BY WATKINS, J.

In this workmen's compensation case, the wife appellee alleged that her husband's death resulted from injuries sustained in a fall while in the course of his employment as a fireman for the City of Pittsburgh.

The referee found as a fact that the decedent while in the employ of the city on May 22, 1952 met with an accident, injuring his back, while pushing a fire pumper, which accident resulted in his death on November 13, 1952. The Workmen's Compensation Board in reviewing the record concluded that the referee's findings were based on adequate, competent evidence. The County Court of Allegheny County, on appeal, affirmed the board and entered judgment or the appellee widow: "Since the findings of fact by the compensation authorities are supported by substantial, competent evidence which must be reviewed in a light most favorable to the claimants, who are to be given the benefit of inferences reasonably deducible from the evidence, we cannot reverse. Lambing v. Consolidation Coal Co., 161 Pa. Superior Ct. 346, 348, 54 A.2d 291." The city appealed to this Court.

The facts established by the evidence, and the appellant called only a medical witness, are as follows: The wife appellee testified to her husband's good health prior to the date of the alleged accident on May

[ 188 Pa. Super. Page 37322]

, 1952; that he was active and showed no sign of illness and worked every day; that he complained about having hurt himself on May 22, 1952 pushing the pumper and having pain in his back and hip; that since the accident he was unable to work regularly and was admitted to the hospital July 14, 1952, where he stayed until August 15, 1952; and that he was readmitted to the hospital on September 12, 1952 where he remained until his death, November 15, 1952.

Paul O'Donnell, a fireman who was working with the decedent on the day of the alleged accident testified that an alarm came in and the pumper would not start; that it was being pushed out of the station unto the street with a slight downgrade in order to start it; that he and the decedent were pushing it from the rear and that the decedent "stumbled or slipped and caught himself on the pumper and went down"; that he cried out as he fell; and that he slipped or fell on the cobblestones or the track.

It is clear from this testimony that there is sufficient, competent evidence to support the finding of the compensation authorities that the decedent suffered an accident on May 22, 1952. Allen v. ...


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