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GIORDANO v. BIANCO (09/15/67)

decided: September 15, 1967.

GIORDANO, APPELLANT,
v.
BIANCO



Appeal from order of Court of Common Pleas No. 2 of Philadelphia County, March T., 1966, No. 491, in case of Esther Giordano v. Ralph Bianco et al.

COUNSEL

Alexander A. DiSanti, with him Richard, Brian & DiSanti, for appellant.

Raymond J. Porreca, for appellees.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Opinion by Watkins, J.

Author: Watkins

[ 210 Pa. Super. Page 470]

This is an appeal in a workmen's compensation case from the order of the Court of Common Pleas No. 2 of Philadelphia County, affirming the decision of the Workmen's Compensation Board denying benefits to the claimant, Esther Giordano, widow of Marino Giordano, who died as the result of an alleged accident on June 7, 1960.

The history of the alleged accident is succinctly set forth in Giordano v. Ralph J. Bianco, Inc., 204 Pa. Superior Ct. 219, 220, 203 A.2d 396 (1964), as follows:

"The claimant-appellant, Esther Giordano, is the widow of the deceased employee, Marino Giordano, who died on June 7, 1960, from a myocardial infarction. He was employed as a carpenter. The accident is alleged to have happened on June 1, 1960 in that he fell off a scaffold. No one saw the alleged accident. There was testimony by a man who lived across the street that he had abrasions on his nose and a scratch on his

[ 210 Pa. Super. Page 471]

    arm on the night of June 1; that he was working as a carpenter about one and one-half blocks from his home; there is no testimony that there were fellow workmen on the job; that he came home about one and one-half hours earlier than his usual quitting time; that the claimant and her daughter testified that he had a gash on his nose, that he was holding his head and had a big scratch on his arm; that he looked very pale; and he said 'he just fell off a scaffold at work'; that he went to lie down and didn't have supper that evening.

"The decedent had a prior record of treatment for a heart condition. There was medical testimony that his death from a myocardial infarction was the result of the fall from the scaffold or that it contributed to the infarction."

The referee admitted the testimony of the claimant and her daughter as being part of the res gestae and awarded benefits, making the following pertinent findings:

"That on the aforesaid day (June 1, 1960) while in the course of his employment with the defendant, claimant's decedent was struck by an overhead beam, causing him to fall from a scaffold, as a result of ...


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