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PAVLIK v. HARMAR COAL COMPANY ET AL. (12/17/59)

December 17, 1959

PAVLIK
v.
HARMAR COAL COMPANY ET AL., APPELLANTS.



Appeal, No. 178, April T., 1959, from judgment of County Court of Allegheny County, No. A226 of 1959, in case of Ethel E. Pavlik v. Harmar Coal Company et al. Judgment affirmed.

COUNSEL

Karl E. Weise, with him Hirsch, Truxall & Weise, for appellants.

Joseph M. Gaydos, for appellee.

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

Author: Watkins

[ 191 Pa. Super. Page 284]

OPINION BY WATKINS, J.

Ethel E. Pavlik, the claimant-appellee, is the widow of Andrew Pavlik, deceased. The decedent was employed by the appellant mining company, Harmar Coal Company, as a bratticeman from 1927 until June 19, 1956, when in the course of his employment, he sustained a serious accidental injury, caused by the fall of a 700 pound rock which crushed his chest. He remained in the hospital until October 10, 1956, and while still totally disabled, died on April 1, 1957. He was paid compensation for total disability to the date of his death. There was no autopsy. His death was certified as being caused probably by acute coronary occlusion.

The referee found as a fact that there was a direct casual connection between the injuries sustained by the decedent on June 19, 1956, and his death on April 1, 1957; that his death was the result of the injuries so sustained and awarded benefits. The Workmen's Compensation Board affirmed the findings of fact and conclusions of law of the referee and, on appeal, the

[ 191 Pa. Super. Page 285]

County Court of Allegheny County dismissed exceptions filed by the appellant company and its insurance carrier, affirmed the findings of fact, the conclusions of law and the award of the Workmen's Compensation Board and entered judgment in favor of the claimant-appellee. This appeal followed.

The record discloses that the decedent worked steadily and was in apparent good health prior to the accident; his injuries were enumerated as a fracture of the seventh and eighth ribs in the left chest and an injured left lung; also a compound fracture of the left oscalosis and a fractured dislocation of the fifth left metatarsal bone; that he suffered a traumatic hemothorax in his left chest; that from a cardiograph taken on June 21, 1956, a diagnosis was made of myocardial damage, possible acute cardiac accident; that two days later the diagnosis on the second cardiogram was "myocardial damage traumatic" and that myocardial infarction could not be ruled out although it was not characteristic and that after his discharge from the hospital the decedent continued to complain of pain in his posterior chest wall.

Dr. Irwin M. Pochapin testified on behalf of the claimant as a specialist in internal medicine. He never saw the decedent but he was supplied with the transcribed testimony, which included the testimony of two other physicians and the following exhibits: A copy of the agreement for compensation; report of case by Dr. J. M. Snyder and Dr. J. F. Lipinski, attending physicians employed by the appellant; copy of personal history of the decedent; copy of the report of a physical examination of the decedent signed by Dr. J. M. Snyder; chart of electrocardiogram; ...


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