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BERTHA E. WILLIAMS v. SAN GIORGIO MACARONI (05/08/74)

decided: May 8, 1974.

BERTHA E. WILLIAMS, ADMINISTRATRIX OF THE ESTATE OF LEROY B. WILLIAMS, DECEASED, APPELLANT,
v.
SAN GIORGIO MACARONI, INC. AND WORKMEN'S COMPENSATION APPEAL BOARD, APPELLEES



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Leroy S. Williams v. San Giorgio Macaroni, Inc., No. A-66618.

COUNSEL

Leon P. Haller, with him Davis, Katz, Buzgon & Davis, for appellant.

Thomas A. Ehrgood, for appellees.

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

Author: Kramer

[ 13 Pa. Commw. Page 387]

This is an appeal by the estate of Leroy B. Williams from an order of the Workmen's Compensation Appeal Board (Board) reversing the referee's award of compensation.

On February 6, 1971, Leroy B. Williams (Williams) allegedly suffered a job-related accident. At the time of the alleged accident, Williams was employed by San Giorgio Macaroni, Inc. (San Giorgio). A hearing was held on March 29, 1972, and on November 16, 1972, the referee awarded compensation. The referee's adjudication included the following pertinent findings of fact:

"2. On February 6, 1971, while pulling a loaded bin of macaroni, using a truck with a hydraulic jack, over the floor where pieces of macaroni had fallen, the claimant pulled a ligament in his chest and experienced severe pain. The Claimant was required to exert considerable additional effort in pulling the bin over the macaroni on the floor. The Claimant again suffered an injury to his chest on March 13, 1971, caused by exerting extra effort in pulling a load.

4. The Claimant's injury and subsequent disability was causally related to the incident set forth in finding of fact No. 2."

San Giorgio appealed, and on September 13, 1973, the Board reversed the referee. The Board took no

[ 13 Pa. Commw. Page 388]

    additional testimony or evidence. The Board based its reversal upon its belief that there was not sufficient competent evidence to support the finding of an accident, the nature of the injury, or a causal connection between the alleged accident and injury.

Williams died on January 30, 1973 and Bertha E. Williams, Administratrix of his estate is ...


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