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PETROSKI v. PIASECKI AIRCRAFT CORP. (09/12/68)

decided: September 12, 1968.

PETROSKI, APPELLANT,
v.
PIASECKI AIRCRAFT CORP.



Appeal from order of Court of Common Pleas of Philadelphia County, June T., 1967, No. 4597, in case of Edward Petroski v. Piasecki Aircraft Corp. et al.

COUNSEL

John A. Eichman, 3rd, with him Clark, Spahr, Eichman & Yardley, for appellant.

David L. Pennington, for appellees.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Hannum, JJ. Dissenting Opinion by Hoffman, J. Spaulding, J., joins in this dissenting opinion.

Author: Per Curiam

[ 213 Pa. Super. Page 143]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Hoffman, J.:

Claimant, Edward Petroski, was hit on the head by a clamp while at work in defendant's plant on December 7, 1962. He averred in his claim petition that he sustained a partial disability as a result of the accident. The defendant admitted the occurrence of the accident, but denied the averred injuries.

After a hearing, the referee found that claimant had suffered a partial disability resulting from his accidental injury and awarded compensation for approximately 21 weeks, at scattered intervals, and continuing maximum partial benefits from the time of the hearing.

An appeal by the defendant to the Workmen's Compensation Board resulted in a reversal of the referee's decision. The Board specifically found:

"1. Claimant sustained an accidental injury on December 7, 1962, while working for defendant, when he was struck on the head by a two and ...


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