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MORGAN v. PITTSBURGH BUSINESS PROPERTIES (06/13/62)

June 13, 1962

MORGAN
v.
PITTSBURGH BUSINESS PROPERTIES, INC. ET AL., APPELLANTS.



Appeal, No. 111, Apr. T., 1962, from judgment of County Court of Allegheny County, No. A 1681 of 1961, in case of Frank J. Morgan v. Pittsburgh Business Properties, Inc. et al. Judgment affirmed.

COUNSEL

David H. Trushel, with him Sanford M. Chilcote, Leonard P. Kane, and Dickie, McCamey, Chilcote & Robinson, for appellants.

C. Dale Blair, with him Murray J. Jordan and Fred J. Jordan, for appellee.

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

Author: Watkins

[ 198 Pa. Super. Page 255]

OPINION BY WATKINS, J.

In this workmen's compensation case the claimant-appellee, Frank J. Morgan, over a period of six years had three separate accidents. The accidents all occurred at the same place of business. At the time of the first two accidents, the owner of the business, and his employer, was Pittsburgh Business Properties, Inc., and at the time of the last accident his employer was the Oliver Tyrone Corporation, which company had succeeded to the ownership of the business. The Pittsburgh Business Properties, Inc. was insured by the Pennsylvania Manufacturers' Association Casualty Insurance Company, and the Oliver Tyrone Corporation was insured by the Federal Insurance Company, one of the appellants.

[ 198 Pa. Super. Page 256]

The claimant suffered his first accident on June 13, 1953, when he sustained a fracture of his hip. At that time he was employed as a carpenter at a wage of $93.55 per week. He received compensation payments for permanent and then partial disability.

The second accident occurred on January 17, 1955, and involved an injury to his right knee. Although there was disability, there was no loss of earnings as a result of this accident and payment was suspended.

Following his total disability the claimant had returned to work at light carpentry and as an elevator operator at a wage of $54.00 weekly. This he continued to do until April 27, 1959, when the third accident occurred. A heavily loaded dolly being pushed into the elevator toppled and crushed the claimant against the wall of the elevator. He continued to operate the elevator at the same wage but under very favorable conditions, in that he was permitted frequent rest periods and would lie down whenever necessary to relieve his crippled condition. His employer intended to eliminate the manually operated elevator at which he was employed, and on March 4, 1960, he was offered work in the steam room but couldn't do the work so his employment ended.

Petitions involving all three accidents were before the referee. A petition for modification, No. 120,836, concerning the first accident, was dismissed by the referee; a petition for review No. 120,840, concerning the second accident, was also dismissed by the referee; and the third accident was the subject of a claim petition No. 161,086, and the referee found the claimant totally disabled as a result of this accident. The employer and his insurance carrier appealed to the Workmen's Compensation Board from the decision of the referee on claim petition ...


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