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SOSNA v. FORD MOTOR COMPANY (06/15/60)

June 15, 1960

SOSNA
v.
FORD MOTOR COMPANY, APPELLANT.



Appeal, No. 1, Oct. T., 1960, from judgment of Court of Common Pleas of Schuylkill County, July T., 1959, No. 434, in case of John Sosna v. Ford Motor Company. Judgment affirmed.

COUNSEL

Penrose Hertzler, for appellant.

W. J. Krencewicz, for appellee.

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

Author: Gunther

[ 192 Pa. Super. Page 457]

OPINION BY GUNTHER, J.

Defendant's appeal is based on the theory that there is no substantial evidence to support the finding of the compensation authorities that claimant's disability is casually related to the accident.

On April 29, 1957, claimant filed his claim petition alleging that on January 22, 1957, while turning a station wagon on a turntable, he suffered a sprain of his back and was disabled since January 25, 1957. At the hearing the date of the accident was set as January 21, 1957. Defendant denied the allegations and the matter was heard by the referee who concluded that the occurrence on January 21, 1957 was an accident and that claimant had been totally disabled since January

[ 192 Pa. Super. Page 45825]

, 1957. The board affirmed the findings of fact, conclusions of law and the award of the referee.

Defendant argues that the claimant did not sustain an accidental injury while in the employment of the defendant; it assigns as error the referee's findings of fact.

The claimant was employed as a paint sprayer in the assembly plant for Ford automobiles of the defendant company at Chester, Pennsylvania. He claims that while turning a vehicle on a turntable, the vehicle started to slip off the turntable and as he pushed the vehicle back upon the turntable he sustained the sprained back.

We are asked to determine whether or not there is sufficient competent evidence to sustain the finding of an accident and whether thereby ...


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