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MOYER v. MORYSVILLE BODY WORKS (09/11/69)

decided: September 11, 1969.

MOYER, APPELLANT,
v.
MORYSVILLE BODY WORKS, INC.



Appeal from order of Court of Common Pleas of Berks County, Dec. T., 1966, No. 35, in case of Dale L. Moyer v. Morysville Body Works, Inc. et al.

COUNSEL

Forrest G. Schaeffer, Jr., with him Edelman, Schaeffer, Saylor & Readinger, for appellant.

John F. Ledwith, with him Joseph R. Thompson, for appellee.

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

Author: Per Curiam

[ 215 Pa. Super. Page 168]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Hoffman, J.:

This is an appeal from a denial of benefits under The Pennsylvania Occupational Disease Act, P. L. 566, No. 284, § 101 et seq., 77 P.S. § 1201 et seq.

The facts are set out fully and succinctly in the opinion of Commissioner Geer of the Workmen's Compensation Board:

"The claimant was first employed by the defendant, Morysville Body Works, Inc. on April 1, 1957 as a spray painter in the truck body painting division. He worked there continuously until December 13, 1962 when he was forced to leave his employment because of total disability from aplastic anemia which is a disease resulting from the destruction of the blood-producing bone marrow and which is, in most cases, fatal. On becoming too ill to continue work, the claimant was admitted to the Pottstown Hospital from December 14, 1962 until January 3, 1963 and was also admitted to the Temple University Hospital from January 3, 1963 until January 10, 1963. Following that

[ 215 Pa. Super. Page 169]

    he was in and out of the hospital at various times until July 1963.

"As a part of the claimant's case, there were admitted into evidence several exhibits which were the quantitative and qualitative analyses of the various paints used by the claimant during the five years in which he was employed in the defendant's spray paint shop. It should be noted that, in most instances, more than half of the total volatile matter of which the paints were composed were of aromatic hydrocarbons (notably zylene and toluene).

"Dr. Ross M. Bushyager, a general practitioner, testified that he attended the claimant from December 13, 1962. He treated the claimant by the administration of transfusions with fresh whole blood high in platelet contents and referred the claimant to his various hospitalizations. He diagnosed the claimant's condition as aplastic anemia which he stated was due to exposure to toxic hydrocarbons in the form of either paint or solvents (N.T. 32, 10/9/63).

"Dr. William B. Barry a specialist in internal medicine and hematology testified that he first examined the claimant in January 1963 and following multiple tests on the claimant, including an examination of the marrow of his bones, concluded that the claimant had hypoplastic marrow, consistent with toxic depression. He confirmed Dr. Bushyager's diagnosis of aplastic anemia. Dr. Barry stated that it was his opinion with reasonable medical certainty that the claimant's condition of aplastic anemia was caused by his exposure to a combination of materials indicated on the list of ingredients to which the claimant states he was exposed (N.T. 41, 10/9/63). On cross-examination Dr. Barry singled out the chemicals which ...


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