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LINGLE v. LINGLE COAL COMPANY (06/11/64)

June 11, 1964

LINGLE
v.
LINGLE COAL COMPANY, APPELLANT.



Appeal, No. 310, Oct. T., 1963, from judgment of Court of Common Pleas of Clearfield County, Feb. T., 1963, No. 358, in case of Lena C. Lingle, administratrix of estate of Donald P. Lingle, deceased, v. Lingle Coal Company. Judgment reversed.

COUNSEL

Willaim U. Smith, and Smith, Smith & Work, for appellant, submitted a brief.

Richard A. Bell, with him Bell, Siberblatt & Swoope, for appellee.

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

Author: Watkins

[ 203 Pa. Super. Page 466]

OPINION BY WATKINS, J.

This is an appeal from the decision of the Court of Common Pleas of Clearfield County, affirming the decision of the Workmen's Compensation Board and awarding thirty per cent disability benefits to the claimant, Donald P. Lingle, since deceased. The appellee is Lena C. Lingle, administratrix of the Estate of Donald P. Lingle, deceased.

The claimant, on June 2, 1961 was employed by the appellant company as a working foreman. On that date he and another workman were loading railroad ties on a truck. This was being done manually, each man lifting the end of a tie. While doing this work the fellow workman allowed his end to fall, throwing the weight of the tie on the claimant and jarring his as the falling tie struck the pile of ties.

The claimant testified that he immediately suffered a sharp pain across his chest over his heart and was forced to stop work for a time. He testified that on the same day, he suffered another pain and after consultation with Dr. Thomas Augenbaugh on June 5th was admitted to the hospital on June 9, 1961 where it was found that he had suffered a posterior myocardial infarction. On January 8, 1962, the doctor released the claimant to return to light work. He did not work from the time of the alleged accident. The Board found that he had suffered a compensable injury resulting in total disability from June 5, 1961

[ 203 Pa. Super. Page 467]

    to January 8, 1962 and thirty per cent partial disability thereafter.

The testimony of the claimant was to the effect that he suffered an immediate pain across the heart when the tie fell which resulted in his hospitalization. Dr. Augenbaugh testified as follows: "Q. Can you give the date you saw him? A. June 5, 1961 according to my records. Q. What was his complaint at that time? A. Complaining of pain in his chest. Q. This man has been under treatment by you for various things over a period of time? A. Yes. Q. State what various things you treated him for? A. He has been treated for diabetes mellitus, by me, since May, 1956 and mild arteriosclerosis. I have several hospital admission on him as well as my office work. He was a patient in the hospital in May 1956 for diabetes and arteriosclerosis and again in the hospital in 1960 for diabetes and coronary artery disease. The last admission was June 9, 1961. He has posterior myocardial infarction. Q. When you saw him June 5, 1961 were you able to make a diagnosis? A. At that time he had a very slight fever; slight inflamed throat and was placed on penicillin because I suspected he had acute respiratory infection and I was a little suspicious he may have had some infarction. ... Q. You made a diagnosis while he was in the hospital? A. Yes, posterior myocardial infarction. It is a blocking of the coronary vessel. Q. Blood stoppage in the heart? A. Yes. Q. What happens to the blood vessel when that blood stoppage occurs? A. It blocks ...


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