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BILLICK v. REPUBLIC STEEL CORPORATION (06/12/69)

decided: June 12, 1969.

BILLICK
v.
REPUBLIC STEEL CORPORATION, APPELLANT



Appeal from order of Court of Common Pleas of Greene County, Feb. T., 1967, No. 63, in case of Anna Billick, widow of Mike Billick, deceased, v. Republic Steel Corporation.

COUNSEL

Herman M. Buck, with him Harry Humbert, and Ray, Buck, John & Hook, for appellant.

George B. Stegenga, with him John I. Hook, for appellee.

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

Author: Wright

[ 214 Pa. Super. Page 268]

This is a workmen's compensation case. Anna Billick filed a claim petition alleging that her husband, Mike Billick, sustained a fatal heart attack as the result of an accident while in the course of his employment by the Republic Steel Corporation. The employer denied that an accident had occurred. The Referee dismissed the claim petition. The Board affirmed

[ 214 Pa. Super. Page 269]

    the decision of the Referee. The Court of Common Pleas reversed the decision of the Board and, in effect, remanded the case for the entry of an award in favor of the claimant. The employer has appealed. The factual situation appears in the following excerpt from the Board's opinion:

"On February 14, 1961, the deceased, aged 56, was employed as a timberman at the Clyde Mine of the defendant. The deceased's job involved the installation and removal of the wooden supports used in the mine. The timbers and planks regularly used varied from three to ten inches in thickness and ten to sixteen feet in length.

"On February 14, 1961, the deceased reported to work at 3:00 p.m. From about 8:00 p.m. to 8:45 p.m. on that day the deceased and Steve Ludrosky, another timberman, were engaged in removing planks from a bridging job. The bridge consisted of 10 foot planks fastened to 3 larger beams covering a soft spot on the floor of the entry in which the deceased's mining crew was working. The process of dismantling the bridge required Ludrosky and Billick to work for a short period beyond the time when they usually ate their dinner. Returning to work at 9:15 p.m., Billick became ill and stopped working. Approximately 35 minutes later the foreman, William Freeman, sent him to the man trip car some 200 feet away to rest. A short time later Freeman, when checking on the deceased, found him unconscious, revived Billick with ammonia inhalers and then made arrangements to have him transported to the outside on a stretcher in the man trip car. On the way out, Billick died.

"An autopsy by Dr. James Hicks revealed that the death was caused by thrombotic and atherosclerotic occlusion of the left anterior descending coronary artery. The autopsy report indicated that the deceased had a pre-existing condition of advanced arteriosclerosis,

[ 214 Pa. Super. Page 270]

    involving coronaries, aorta, renals, spleen ...


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