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DREVITCH v. BEVERLY FARMS (12/07/72)

decided: December 7, 1972.

DREVITCH
v.
BEVERLY FARMS, INCORPORATED



Appeal from the Order of the Court of Common Pleas of Allegheny County in case of William R. Drevitch, Deceased, Margaret A. Drevitch, Widow, v. Beverly Farms, Inc., No. S.A. 156 of 1972.

COUNSEL

Joseph M. Wymard, with him Wymard & Wymard, for appellant.

Roy F. Walters, with him Brandt, McManus, Brandt & Malone, for appellee.

Judges Kramer, Rogers and Blatt, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 7 Pa. Commw. Page 2]

Margaret A. Drevitch, widow of William R. Drevitch, has appealed from an order of the Court of Common Pleas of Allegheny County affirming an order of the Workmen's Compensation Board dismissing her Fatal Claim Petition.

Appellant's decedent, while employed as a milk truck driver for Beverly Farms, Inc., was struck on the chest on July 7, 1965 by milk cases which had apparently slipped from racks in his truck. Complaining of chest pains, Mr. Drevitch was examined by a cardiologist

[ 7 Pa. Commw. Page 3]

    who concluded that Drevitch had suffered an acute coronary occlusion. Upon his release from hospital care on July 30, 1965, Drevitch returned to work. He was readmitted to the hospital on October 18, 1965 where he remained until November 4, 1965 undergoing further treatment of a heart condition. He was readmitted to the hospital on December 4, 1965 and died there on December 6, 1965.

William Drevitch filed a Petition for Compensation for Disability, which was pending at his death and upon which the Board eventually awarded his widow appropriate benefits. After his death, his widow filed the Fatal Claim Petition which is the subject of this appeal. The Referee awarded compensation to Mrs. Drevitch. On appeal, the Board initially set aside the Referee's award, but, upon Petition for Rehearing, remanded the case to the Referee ". . . for rehearing on all matters related to the causal connection between the accident and the disability and the subsequent death." After the rehearing the Board filed an opinion disallowing the Fatal Claim Petition on the following findings:

"Third: On July 7, 1965 the claimant suffered injuries to his chest as a result of the falling of milk crates while he was employed by the defendant delivering milk. The claimant also suffered an acute coronary occlusion either immediately before the time of the injury, or subsequent thereto. The decedent was disabled as a result of the coronary occlusion until September 20, 1965, when he returned to work and worked until October 10, 1965, when he suffered another coronary occlusion from which he died on December 6, 1965.

"Fourth: There is no causal connection between the accident of July 7, 1965 and the disability or ...


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