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JESSIE v. DASH (11/16/60)

November 16, 1960

JESSIE
v.
DASH, APPELLANT.



Appeals, Nos. 305 and 306, Oct. T., 1960, from judgments of Court of Common Pleas No. 2 of Philadelphia County, June T., 1959, Nos. 10 and 11, in case of Celia Jessie, widow of William Jessie v. William Dash, trading as Dash Brothers, et al. Judgments affirmed.

COUNSEL

Richard D. Harburg, with him Herbert A. Barton, and Swartz, Campbell & Henry, for appellant.

Robert E. Lenton, with him Sol R. Gitman, and Harris I. Weisbrod, for appellee.

Before Rhodes, P.j., Wright, Woodside, Ervin, Watkins, and Montgomery, JJ. (gunther, J., absent).

Author: Watkins

[ 194 Pa. Super. Page 3]

OPINION BY WATKINS, J.

This workmen's compensation appeal is from the judgments of the Court of Common Pleas No. 2 of the County of Philadelphia affirming the order of the Workmen's Compensation Board in favor of the claimant, Celia Jessie, widow of William Jessie, deceased.

A review of the facts as found by the referee and affirmed by the board is set forth in the opinion of President Judge CARROLL of the court below, as follows:

"William Jessie, deceased, had been employed by the defendant William Dash, trading as Dash Brothers, for a period of approximately four years as a handy man and laborer. During this period of employment his only absence from work was the consequence of a two-week period some two years prior to the accident for an attack of grippe. He wore glasses but apparently experienced no pain or difficulty with his eyes and from all appearances was in good health. On Monday, November 23, 1953, Jessie returned home from work at about 4:30 P.M., approximately an hour earlier than his usual time. At that time his right eye was

[ 194 Pa. Super. Page 4]

    swollen, reddish, and tearing. He told his wife that while at work stacking egg crates he had reached down to pick up another crate and the stack of crates had fallen over, striking him in the face and eye and that a piece of one of the crates went into his eye. He then told her that after this he did not feel very well and as it was close to quitting time he decided he would go home. After recounting this incident he bathed his eye with boric acid and laid down. He was unable to sleep that night and in the morning his eye looked worse. However, he went to work that day and continued working the remainder of the week despite the fact that the swelling and inflammation of the eye grew worse each day. Every evening upon his return home from work he complained of severe pain in the eye. On Saturday he returned home from work at Noon time in such pain that he was unable to do anything but lie on his bed and toss. The following morning he was admitted to the Wills Eye Hospital where his condition was diagnosed as severe plastic iridocyclitis, a purulent orbital abscess and cellulitis of the right eye. In addition, it was ascertained that a foreign body was lodged outside the globe but in the orbit of the right eye. After the administration of antibiotics and barbiturates an attempt was made to enucleate the right eye but because of a rupture into the sclera and marked adhesions and necrosis it was possible to perform only evisceration. Accordingly, the anterior globe was removed and the debridement of necrotic tissue was performed. The decedent remained hospitalized until his death eight months later. During this period his condition gradually deteriorated. X-ray studies on his admission and subsequently showed a bi-lateral, active pulmonary tuberculosis and retrobulbar abscess and purulent endophlebitis. On January 20, 1954, he was removed to All Saints Hospital where he remained until June 29. On that day he was removed to the Philadelphia

[ 194 Pa. Super. Page 5]

Hospital for Contagious Diseases where he died on July 30, 1954. The death certificate stated pulmonary tuberculosis as the primary cause of death and ...


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