Appeal, No. 150, April T., 1960, from order of County Court of Allegheny County, No. A 1423 of 1959, in case of Frank Gasparovich v. Federal Reserve Bank of Cleveland, Pittsburgh Branch et al. Order affirmed.
Elmer G. Klaber, for appellants.
Hymen Schlesinger, for appellee.
Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, Watkins, and Montgomery, JJ.
[ 194 Pa. Super. Page 138]
This appeal is from the order of the County Court of Allegheny County affirming the decision of the Workmen's Compensation Board awarding the claimant, Frank Gasparovich, compensation for total disability arising from an accidental injury.
On May 6, 1957, claimant was employed as a day janitor by the Pittsburgh Branch of the Federal Reserve Bank of Cleveland. Prior to being so employed, he was examined physically by the employer's doctor, Dr. Carl E. Stahl, and was passed as being in a satisfactory condition of health. His work as a porter were those generally incidental to that type of work, such as cleaning and polishing inside and outside the bank building and the lifting, handling, and storing
[ 194 Pa. Super. Page 139]
of coins in the vault. In connection with the latter duty, claimant was required to take each of the money bags from a skid, weigh it and store it in piles inside the vault.
On the afternoon of November 26, 1957, claimant was stacking 55 pound bags of coins from the scales to the floor. He was in a kneeling and somewhat cramped position and, while lifting a bag of coins from the scales, he twisted his back and had immediate pain. He testified that the scale was behind him and that the injury occurred when he picked up the sack from behind and turned around to place the bag on the floor. The room where he was working was small, an area approximately 2 1/2 feet wide and 4 feet long. Claimant was working with another employe, James Pryor, at the time, to whom he complained that he hurt his back. He finished his work that day and reported the accident the following morning, and went to the dispensary the following day. He continued working until December 10, 1957 and thereafter was referred to Dr. Harry Fisher at his own request.
The claim petition filed on May 2, 1958 reiterated the circumstances of his injury and his employer filed an answer denying there was an accident and alleged that any disability claimant had was the result of a previous back injury which required removal of a disc on or about August 31, 1955.The referee awarded compensation to claimant and the board affirmed the findings of fact and conclusions as well as the award. From this award an appeal was filed in the court below which affirmed the award of the board.
On this appeal, as well as in the court below, the sole question raised is whether, in view of a pre-existing back condition, claimant met the burden of proving that he sustained an accident resulting in total ...