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HILT v. ROSLYN VOLUNTEER FIRE CO. (09/11/69)

decided: September 11, 1969.

HILT, APPELLANT,
v.
ROSLYN VOLUNTEER FIRE CO.



Appeal from order of Court of Common Pleas of Montgomery County, No. 67-10730, in case of Edward W. Hilt v. Roslyn Volunteer Fire Co. et al.

COUNSEL

Carl M. Mazzocone, with him Sheer & Mazzocone, for appellant.

John F. McElvenny, with him Frederick W. Anton, III, and Paul H. Ferguson, for appellee.

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

Author: Per Curiam

[ 215 Pa. Super. Page 120]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Hoffman, J.:

This is an appeal from an order of the lower court affirming a finding by the Workmen's Compensation Board that appellant was not entitled to compensation under the Workmen's Compensation Act.

Appellant's claim is predicated on two grounds: (1) that he suffered a compensable accident in that he suffered a heart attack after unusual exertion related to his employment and (2) that he suffered a compensable heart attack under the Unusual Pathological Result Doctrine.

The relevant facts in this case are as follows: Appellant for ten years had served as a volunteer fireman. Throughout that period he attended several hundred fires. "On occasion" he entered burning buildings and "made use of an ax on the places burning for one reason or another." On March 16, 1964, appellant was driving an old fire truck to the scene of a fire. The truck was approximately eighteen to twenty feet in length and weighed eleven tons. On route, appellant was notified by radio to return to the firehouse. He immediately commenced turning the truck around and, in the course of this operation, pulled the truck's emergency brake. Thereafter, he could not release the brake with his right hand because it had been pulled back too far, causing it to jam. Thereupon, claimant leaned over on ...


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