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DOCKTOR v. KRAKOVITZ & SONS ET AL. (11/15/62)

November 15, 1962

DOCKTOR
v.
KRAKOVITZ & SONS ET AL., APPELLANTS.



Appeal, No. 341, Oct. T., 1962, from order of Court of Common Pleas No. 7 of Philadelphia County, Dec. T., 1961, No. 677, in case of Joseph H. Docktor v. M. Krakovitz & Sons et al. Order affirmed.

COUNSEL

Frank R. Ambler, for appellants.

Wililam A. Whiteside, Jr., with him Fox, Rothschild, O'Brien & Frankel, for appellee.

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

Author: Flood

[ 199 Pa. Super. Page 448]

OPINION BY FLOOD, J.

In this workmen's compensation 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 argues (1) that the court below erred in overruling its contentions that (a) there was no evidence of any injury to the claimant's right leg, (b) the board capriciously disregarded competent evidence, and (c) there was no competent medical evidence to establish a casual relationship between the accident and the amputation of the claimant's right leg. The appellant also contends (2) that the decision of the court below is contrary to Adamchick v. Wyoming Valley Co., 332 Pa. 401, 3 A.2d 377 (1939) and other cases.

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

"The facts relevant to the issue presented are the following: Mr. Docktor, a man 76 years of age, had been employed by the defendant, Krakovitz & Sons, as a carpenter. On August 24, 1954, while working stop a six foot ladder, Docktor fell onto a metal table, striking

[ 199 Pa. Super. Page 449]

    the corner of the table with his body. A fellow employee helped the claimant make his way to his carpentry shop wherein he lay down for about one hour and a half after the fall. A report was made to the office the same day, and Docktor was told to go to his own doctor that evening. Mr. Docktor testified that his physician expressed the need of X-rays to determine the extent of his injuries. The next day, claimant returned to work; and after having made an effort to resume his tasks, he found himself unable to do so. From that day hence, he did not work again. Subsequently, on August, 30, 1954, he entered the University of Pennsylvania Hospital. After several days in the hospital, an arteriosclerotic condition was discovered, which condition necessitated the amputation of the right leg below the knee. ...

"In their appeal to us, the appellants contend that (1) there had been no evidence of an actual injury to the claimant's right leg; (2) that the Board had capriciously disregarded competent medical evidence, and (3) that the evidence was not sufficient to establish a casual connection between the fall and the amputation. "This court finds these contentions without merit. As to the first contention, there was testimony in the record, by both Docktor and his fellow employee, Howard Wilkour, that Docktor had fallen off the ladder. The fact that the left leg had been markedly bruised does not negative the possibility that the right leg also suffered impact and was injured. Docktor testified that he felt pain in both legs, but mostly in the right leg; and that he had black and blue marks on his left leg, but felt more pain in his right leg. Furthermore, Dr. Zubrow, an expert on ...


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