Appeal, No. 431, Oct. T., 1962, from order of Court of Common Pleas of Schuylkill County, Jan. T., 1962, No. 168, in case of Katherine Fehr (deceased claimant) v. Y.M.C.A., Pottsville. Order reversed.
Donald D. Dolbin, with him Burke, Bowe, Dolbin & Heffner, for appellant.
E. C. Marianelli, for appellee.
Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.
[ 201 Pa. Super. Page 108]
This is an appeal from the decision of the Court of Common Pleas of Schuylkill County sustaining a petition to terminate a compensation agreement. Katherine Fehr, the claimant-decedent, 74 years old, on December 26, 1958, was employed as a dormitory maid by the Y.M.C.A., of Pottsville, Pennsylvania. On that date, while performing her duties, she fell and came in contact with a heating radiator. An agreement No. 6,980,299 was executed between the claimant, the defendant and its insurance carrier, Royal Indemnity Company, on January 26, 1959. The agreement was approved by the workmen's compensation authorities and compensation was paid under it from December 27, 1958 to September 19, 1959.
Under this agreement, drawn by the defendant's insurance carrier, the parties agreed and stipulated as follows, as to the description of the accident and nature of the injuries: "While cleaning rooms, making
[ 201 Pa. Super. Page 109]
beds, etc., she fell and struck a radiator. She received severe third degree burns of shoulder and forearm & stroke."
The petition to terminate was based on the second paragraph of § 413 of the Workmen's Compensation Law, 77 PS § 772, seeking termination of the agreement based on changed disability. The pertinent parts of the section read as follows: "The board, or referee designated by the board, may, at any time... terminate an original... agreement... upon petition filed by either party... upon proof that the disability of an injured employe has... finally ceased."
The burden is on the petitioner to prove the change in disability; in this case that the disability terminated entirely. There is nothing in this record concerning her condition prior to the accident nor is there anything in this record concerning the accident except that contained in the agreement. One of the doctors called by the defendant testified to a prior high blood pressure condition but there is nothing in the record to support this unless he obtained it from hospital records or assumed it or was able to so conclude from her condition at the time he examined her. Her family doctor who attended her at the time of the accident was not a witness. The hospital records discussed by the testifying doctors indicate she was being treated for her burns and for a cerebrovascular accident with a right hemiplegia. The record also shows that her condition grew steadily worse until her death on March 8, 1961 and that she was permanently and totally disabled from the time of the fall until her death. She was steadily employed as a maid or housekeeper up to the time of the accident as indicated by her salary of $20.76 per week, and the compensation paid at the rate of $18.70 per week.
Both doctors called by the defendant testified that there was no present disability ...