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CORBEIL v. A. & P. STORES (09/12/68)

decided: September 12, 1968.

CORBEIL
v.
A. & P. STORES, APPELLANT



Appeal from order of Court of Common Pleas of Philadelphia County, March T., 1967, No. 5251, in case of Leona M. Corbeil v. A. & P. Stores.

COUNSEL

Otis W. Erisman, with him William C. Ferguson, Jr., Frank F. Truscott, and Truscott and Erisman, for appellant.

Joseph M. Leib, with him Harry J. Dranoff, and Rubin, Leib and Caesar, for appellee.

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

Author: Watkins

[ 213 Pa. Super. Page 2]

This is an appeal in a workmen's compensation case by the employer-appellant, A. & P. Stores, from an order of the Court of Common Pleas of Philadelphia County, that remanded the case to the Workmen's Compensation Board "for the purpose of permitting claimant to produce further testimony in support of her unusual pathological result claim". The claimant-appellee, Leona M. Corbeil, filed a motion to quash the appeal on the ground that it was interlocutory.

The claimant worked in the meat department of the food store. Her duties required her to carry trays of meat from racks to a wrapping table. The claimant was 35 years of age and claims that on June 27, 1963, while lowering a tray of meat from a rack to a table she injured her lower back. The claimant had

[ 213 Pa. Super. Page 3]

    no prior back trouble. She first testified that as she lifted a three-foot tray of meat, weighing 30 to 35 pounds, she felt a stabbing pain in the lower back. She was performing her regular work. At the second hearing before the Referee, claimant testified that she had to reach over her head to get the tray from the conveyor; but the tray was greasy and began to fall and when she started to grab it again she got the pain in her back. The occurrence took place at about her quitting time. She did not return to work but sought immediate medical attention by a physician and was ultimately hospitalized twice. At the time of the hearing she was unable to bend or lift. She did not have surgery.

The Referee found for the claimant: "(1) Claimant sustained an accidental injury . . ." and "(2) The nature and cause of the injury were an unstable back, due to strain and narrowing of the intervertebral space at L-5, caused when claimant, while taking a three-foot long tray of cut beef from a conveyor . . .". The Referee evidently believed the testimony of the claimant given at the second hearing and found that an accident did take place.

The Board, on appeal, reversed the Referee and substituted the following pertinent findings of fact: "1. On June 27, 1963, while doing her ordinary work in the usual manner, the claimant sustained a strain in her lower back." "2. The claimant did not suffer a fracture of the bone or bony cartilage or a rupture of the softer tissue."; and the following conclusion of law: "2. The claimant failed to meet her burden of proving an accident within the meaning of the Workmen's Compensation Act, and is not entitled to compensation."

Claimant filed an appeal to the Court of Common Pleas and also filed a petition for a rehearing by the Board for the purpose of explaining the terminology used by the ...


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