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HURLBURT v. FIDELITY WINDOW CLEANING COMPANY ET AL. (04/13/60)

April 13, 1960

HURLBURT
v.
FIDELITY WINDOW CLEANING COMPANY ET AL., APPELLANTS.



Appeal, No. 59, Oct. T., 1960, from judgment of Court of Common Pleas No. 4 of Philadelphia County, June T., 1959, No. 3619, in case of Walter Hurlburt v. Fidelity Window Cleaning Co. et al. Judgment reversed; reargument refused May 14, 1960.

COUNSEL

Frank R. Ambler, for appellants.

Maurice Freedman, with him Robert H. Arronson, and Herbert H. Hadra, for appellee.

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

Author: Wright

[ 192 Pa. Super. Page 153]

OPINION BY WRIGHT, J.

This is a workmen's compensation case. The employer has appealed from a judgment in favor of the employe, entered by the court below after it had reversed a decision of the Workmen's Compensation Board which had dismissed the claim petition. It will be necessary to set forth the factual and procedural situation in some detail.

Walter Hurlburt, now 62 years of age, was an employe of the Fidelity Window Cleaning Company. His job was to remove paint and putty from, and wash the glass in, the windows of newly constructed buildings. Although our windows of newly constructed buildings. Although our first concern is with an accident on January 26, 1953, Hurlburt's medical history for some time prior to that date was rather extensive. On April 21, 1951, he fell astride a carpenter's horse, injuring one of his testicles. As a result he underwent a hydrocelectomy at St. Luke's Hospital. On July 18, 1951 he was treated for a papillitis. On August 13, 1951, he was treated for a sacroiliac strain. On January 17, 1952, he was treated for a fistula. On February 13, 1952, while working in Greensboro, North Carolina, he fell on his lower back and suffered pain in the sacroiliac

[ 192 Pa. Super. Page 154]

    and lumbar region. On June 27, 1952, he was treated for pain in the right lower quadrant. On September 3, 1952, he was treated for recurrent pain in the same area. On October 21, 1952, he was given diathermy treatment for lumbo-sacral pain. On January 21, 1953, he was given diathermy for pain in the lumbo-sacral region.

We now come to January 26, 1953, on which date Hurlburt was working inside a building in Durham, North Carolina. He stepped from a windowsill into a bathtub in which there was a loose curtain roll. He slipped on the curtain roll and fell over the bathtub to the floor. As a result of this accident a compensation agreement was executed describing the nature of the injuries as follows: "sprained back and pulled ligaments in lower stomach region". Compensation was paid by virtue of this agreement until March 9, 1953. Hurlburt thereafter, March 16, 1953, executed a final agreement receipt.

We are next concerned with an incident which allegedly occurred in August, 1954 while Hurlburt was cleaning windows in a building at Pittsburgh. As a result of this alleged incident, Hurlburt filed, December 22, 1954, a petition to set aside the final receipt for the following reason: "my accident was weakening of the right inguinal ligament which in August of 1954 resulted in a right inguinal hernia". In its answer to this petition the employer averred that claimant had fully recovered at the time he executed the final receipt and that his disability, if any, was unrelated to the accident. After two hearings on the petition to set aside the final receipt, May 4, 1955 and July 13, 1955, counsel for Hurlburt filed a claim petition on the theory that a new ...


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