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SHIERY v. LAUFFER TIRE SERVICE (01/16/62)

January 16, 1962

SHIERY
v.
LAUFFER TIRE SERVICE, INC. ET AL., APPELLANTS.



Appeals, Nos. 303 and 305, April T., 1961, from judgment of Court of Common Pleas of Westmoreland County, Jan. T., 1961, No. 550, in case of Clayton Shiery v. Lauffer Tire Service, Inc. et al. Judgment reversed.

COUNSEL

Irwin M. Ringold, with him Robert B. Murdock, for appellants.

Karl E. Weise, with him B. Patrick Costello, and Hirsch, Truxall and Weise, for appellants.

B. Earnest Long, for claimant, appellee.

Before Frvin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Wright

[ 197 Pa. Super. Page 210]

OPINION BY WRIGHT, J.

This is a workmen's compensation case involving cross-appeals by two insurance carriers. Simply stated,

[ 197 Pa. Super. Page 211]

    compensation for claimant's disability. The situation is somewhat complicated both factually and procedurally, and we will endeavor to summarize it as briefly as possible.

On and prior to June 10, 1958, the claimant, Clayton Shiery, of Everson, Fayette County, was performing two jobs. He drove a school bus for Raymond W. Beck, of Scottdale, Westmoreland County, hereinafter referred to as Beck, working between five and six hours a day and earning an average weekly wage of $45.00. During the middle hours of the day and following his afternoon bus run, also on Staurdays, he worked as a repairman for Lauffer Tire Service, Inc., likewise of Scottdale and hereinafter referred to as Lauffer, earning an average weekly wage of $44.10. At about noon on June 10, 1958, claimant was engaged in his employment for Lauffer. A truck tire, which claimant was inflating, exploded and he was struck by the rim: "I thought it knocked my legs off". Although suffering severe pain in the legs, claimant continued to work for Lauffer until July 11, 1958, but was unable to continue thereafter. It so happened that June 10, 1958, was the last day of school and, following the morning bus run which he had completed, claimant was not required to perform any further service for Beck until September. At that time claimant could not bend his left leg but, by adjusting the driver's seat, he was able to drive the school bus. On March 12, 1959, while engaged in his employment for Beck, claimant was involved in a motor vehicle collision. As a result of this accident, he sustained a whip-lash injury and is required to wear a neck collar.

From a procedural standpoint, the controversy had its inception on October 9, 1959, when Shiery filed a claim petition against Lauffer on the ground that he was partially disabled by the accident of June 10, 1958. ...


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