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BAYUK CIGAR COMPANY v. HAWN (02/28/73)

decided: February 28, 1973.

BAYUK CIGAR COMPANY, ET AL.
v.
HAWN, ET AL.



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Donald G. Hawn v. Bayuk Cigar Company and Pennsylvania Manufacturers' Association Insurance Co., No. A-63816.

COUNSEL

Robert O. Beers, with him Anderson, Ports, May & Beers, for appellants.

Allen H. Smith, for appellee.

Judges Crumlish, Jr., Wilkinson, Jr., and Mencer, sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 8 Pa. Commw. Page 46]

This is an appeal from a decision of the Workmen's Compensation Appeal Board granting benefits to the claimant-appellee.

The claimant was employed by the appellant, Bayuk Cigar Company, as a machinist's apprentice in November of 1968. On March 18, 1969, at the request of a "floor lady under the the superintendent," the claimant

[ 8 Pa. Commw. Page 47]

    moved several boxes filled with empty glass tubes used for preservation of cigars from an aisle to a nearby wall. As the claimant stacked the last box weighing approximately forty pounds on a level above his head, he felt a sharp pain in his back.

The claimant was ultimately hospitalized and a laminectomy was performed to correct an adhesion around the L3L4 nerve root on the left side of claimant's back.

A claim petition was filed by the claimant on September 24, 1969. After hearings on June 4, 1970 and August 12, 1970, the referee disallowed compensation. The Workmen's Compensation Appeal Board reversed the referee in an opinion filed June 15, 1972 and granted compensation to the claimant.

The decision of the Board has been appealed to this Court.

The appellants contend that there is not sufficient competent evidence in the record to support a finding by the Board that the claimant suffered an accident as a result of over-exertion greater in amount ...


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