Appeal from the Order of the Court of Common Pleas of Lehigh County in case of Paul A. Bear v. Hartan's Sales and Service, No. 1 April Term, 1972.
Richard F. Stevens, with him Thomas F. Traud, Jr., and Butz, Hudders & Tallman, for appellant.
William L. Kovacs, with him Joseph F. Leeson, for appellee.
Judges Crumlish, Jr., Rogers and Blatt, sitting as a panel of three. Opinion by Judge Crumlish, Jr.
This is an appeal from a decision of the Workmen's Compensation Appeal Board which denied benefits to the claimant.
Claimant was employed by appellee-employer for seven years as a typewriter repairman. On an average work day, he would lift two or three typewriters from the floor to his workbench.
On December 31, 1969, an extraordinary situation arose when eighteen boxed typewriters averaging sixty pounds each were delivered to appellee's shop. The claimant, the only employee present at the time, lifted them from the truck and carried them to the sales room. In so doing, he experienced chest pain. Prior to the time of this particular exertion, he suffered from arteriosclerosis and hypertension.
The pain persisted until January 8, 1970, when he was admitted to Allentown Hospital. Doctor Martin Silverman diagnosed claimant's condition as a myocardial infarction.
On January 23, 1970, claimant filed a claim petition under the provisions of the Pennsylvania Workmen's Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 1, et seq., alleging that he sustained the myocardial infarction as a result of the unusual exertion of the preceding December 31.
The employer's position, as maintained in its answer, challenged the claimant's contention that the myocardial infarction resulted from the unusual exertion on December 31st and attributed the infarction to the exertion he expended in shoveling snow around his home on December 25th and 26th.
After two evidentiary hearings, the referee found for claimant. The Board ...