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PARKS v. WINKLER (09/13/62)

September 13, 1962

PARKS
v.
WINKLER, APPELLANT.



Appeal, No. 151, Oct. T., 1962, from order of Court of Common Pleas No. 1 of Philadelphia County, June T., 1961, No. 3680, in case of Mrs. Bernice Parks, widow of Bennie Lee Parks, v. Frank Winkler. Order affirmed.

COUNSEL

John F. Naulty, for appellant.

Joseph A. McNeal, for appellee.

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

Author: Flood

[ 199 Pa. Super. Page 225]

OPINION BY FLOOD, J.

In this workmen's compensation death case, the referee and the board both found for the claimant and the court below dismissed the defendant's appeal and affirmed the decision of the board. The appellant contends that (1) there was insufficient evidence to establish the casual connection between the accident and the death and (2) the employer's liability was terminated by a final receipt executed by the claimant's decedent during his lifetime and never set aside.

1. For the reasons set forth in the following quotation from the opinion of Judge CHUDOFF of the court below, we find no merit in the appellant's first contention:

"Decedent was employed as a truck driver stockman for defendant on October 31, 1957, when in the course of his employment he was struck by another truck, sustaining an injury to his back.

"The testimony taken before the referee established that decedent was a normal, healthy adult prior to the accident, with a fine work record. His widow testified that after the accident he could not sit up for long periods of time and he walked stiffly. After the stiffness became worse he consulted Dr. Walter R. Johnson.

[ 199 Pa. Super. Page 226]

"The history given to Dr. Johnson by the decedent attributed the injury to the accident of October 31, 1957. Dr. Johnson was consulted approximately fifteen months after the accident and the diagnosis rendered was a herniated disc between lumbar vertebrae 4 and 5. When Dr. Johnson could not, by simple therapy, afford any relief or cure to the decedent he suggested hospitalization.

"Dr. Jerome Ira Cook, an orthopedic specialist, testified he examined the decedent in March or April 1959, at Jefferson Medical Hospital, where, after receiving the same history of the decedent's injury, he diagnosed the claimant as suffering from a herniated degenerated nucleus pulposus at the L-4 and L-5 interspaces. After a period of unresponsive conservative treatment surgery was recommended. Subsequent to the surgical operation the decedent was placed in a body spica for spinal fusion. The death that ensued on April 19, ...


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