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URBASIK v. JOHNSTOWN. (06/13/62)

June 13, 1962

URBASIK, APPELLANT,
v.
JOHNSTOWN.



Appeal, No. 59, April T., 1962, from order of Court of Common Pleas of Cambria County, March T., 1961, No. 542, in case of Mrs. Olga Urbasik, widow of Robert W. Urbasik, v. City of Johnstown et al. Order affirmed.

COUNSEL

Samuel R. DiFrancesco, Sr., with him DiFrancesco & DiFrancesco, for appellant.

Edward G. Kuyat, Jr., for appellee.

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

Author: Wright

[ 198 Pa. Super. Page 233]

OPINION BY WRIGHT, J.

This is a workmen's compensation case. We are here concerned with an appeal by the widow-claimant from an order of the Court of Common Pleas of Cambria County, affirming a decision of the Workmen's Compensation Board, wherein the claim petition was

[ 198 Pa. Super. Page 234]

    dismissed. The factual situation appears in the following excerpt from the opinion below:

"Robert Urbasik, the deceased husband of the claimant Olgo Urbasik, was employed as a fireman by the Fire Department of the City of Johnstown, Cambria County, defendant herein. On May 168 1958, he reported for work at firehall No. 8 on Franklin Street in defendant-city and was scheduled to work from 6:00 P.M. to 6:00 A.M. the following day.

"Decedent's duty as a city fireman was that of driving the fire truck. In such capacity he drove a 1948 'LaFrance' truck which was regularly assigned to firehall No. 8. On May 16, 1958, however, the regular truck was undergoing minor repairs and it had been replaced by a 1930 'Metropolitan' truck. At about 7:00 P.M. an alarm was received and decedent drove the truck to the scene which was slightly over one mile from the firehall. Upon arriving there it was discovered the alarm was false. There was testimony that the route to the situs of the alarm was flat in certain places, but generally up hill with grades of five to eight and one-half per cent.

"It was testified that decedent experienced difficulty in turning the truck for the return trip and at one point known as Whiskey Springs Hill he had considerable difficulty in changing from high to second gear. One of the firemen who accompanied him on the trip stated that he seemed to be in a hurry to get back to the firehall.

"Upon arriving there he complained of difficulty in breathing and pains in his left side. He was immediately taken to the hospital where he was treated by Dr. Herbert V. Allen, Jr., who administered citrocarbonate. The pain subsided in five or ten minutes and he returned to the firehall. The records show the cruiser was called at ...


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