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BEDNAR v. WESTINGHOUSE ELECTRIC CORPORATION. (12/14/60)

December 14, 1960

BEDNAR, APPELLANT
v.
WESTINGHOUSE ELECTRIC CORPORATION.



Appeal, No. 78, April T., 1960, from judgment of County Court of Allegheny County, No. A-939 of 1959, in case of Mary Bednar, widow of Joseph Bednar, deceased, v. Westinghouse Electric Corporation. Judgment affirmed.

COUNSEL

Arnold D. Wilner, James Craig Kuhn, Jr., and Wilner, Wilner and Kuhn, for appellant.

James J. Lawler, and Prichard, Lawler & Geltz, for appellee.

Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ.

Author: Rhodes

[ 194 Pa. Super. Page 11]

OPINION BY RHODES, P.J.

This is a workmen's compensation case arising out of the death of claimant's husband. Claimant alleged that her husband's death from either cancer of the colon or the bleeding of a duodenal ulcer was the result

[ 194 Pa. Super. Page 12]

    of an accidental injury sustained in the course of his employment as a fitter for the Westinghouse Electric Corporation at East Pittsburgh, Allegheny County. The referee awarded claimant compensation. The Workmen's Compensation Board reversed the referee and found no casual connection between the death of the deceased and the accident suffered in the course of his employment. The County Court of Allegheny County affirmed the board. Claimant has appealed.

Appellant's argument is that the findings of fact and conclusions of law of the board are not consistent and cannot be sustained without a capricious disregard of the competent evidence.

On September 3, 1952, while employed by the appellee, the deceased, Joseph Bednar, received an injury to his left foot for which he was confined and treated at the Braddock General Hospital. Because of the infected condition of the foot, it was necessary to amputate it on February 21, 1953.Subsequently, a stipulation was entered into whereby Bednar was awarded compensation for the loss of the left leg for a period of 215 weeks. This award was entered on December 27, 1954.

On August 23, 1956, Bednar filed a further petition claiming that the loss of his leg disabled him totally and permanently. On September 11, 1956, this petition was withdrawn. Deceased had died on August 27, 1956. On November 29, 1956, claimant filed a petition seeking compensation for the death of her husband in which the cause of death was set forth as "cancer of colon, respiratory failure." The appellee filed an answer to the petition alleging that there was no casual connection between the injury received and the death of deceased.

On the record we find no sufficient proof of casual connection between the injury sustained by deceased on September 3, 1952, ...


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