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TESTA v. R. & J. TANNING CORPORATION (ET AL. (05/10/68)

decided: May 10, 1968.

TESTA
v.
R. & J. TANNING CORPORATION (ET AL., APPELLANT)



Appeal from judgment of Court of Common Pleas of Northampton County, Jan. T., 1967, No. 61, in case of Anthony Testa v. R. & J. Tanning Corporation et al.

COUNSEL

Richard A. Adams, Special Assistant Attorney General, with him Raymond Kleiman, Deputy Attorney General, Thomas E. Roberts, Chief Counsel, and William C. Sennett, Attorney General, for State Workmen's Insurance Fund, appellant.

Charles H. Spaziani, for appellee.

Stanley E. Stettz, with him Fackenthal, Teel, McGiffert & Stettz, for insurance company, appellee.

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

Author: Per Curiam

[ 212 Pa. Super. Page 220]

Judgment affirmed.

Disposition

Judgment affirmed.

Concurring Opinion by Montgomery, J.:

This appeal presents a difficult question, namely, did claimant's second accident cause a recurrence of the disability which arose from the injuries he sustained in his first accident, or is his claim for a new injury caused by his second accident? The Board found as a fact that there was a recurrence of the first injury, and the lower court affirmed the finding. That such question is one of fact finds support in Curcio v. Bendik, 109 Pa. Superior Ct. 241, 167 A. 626 (1933).

Appellant, the employer's carrier at the time of the first accident, argues that there was a new injury in the nature of an accidental aggravation of a pre-existing condition, and relies on Bologna v. Harmar Coal Company, 202 Pa. Superior Ct. 26, 194 A.2d 349 (1963), in which we affirmed on the opinion of President Judge Lencher ...


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