Appeal from the Order of the Workmen's Compensation Appeal Board in case of Stella Puskoskie, Widow of Albert Puskoskie, v. Frank M. Weaver Co., No. A-67037.
Joseph J. Murphy, with him Murphy, Murphy & Murphy, for appellants.
Edward Rubin, with him Hamburg, Rubin & Mullin, P.C. and James N. Diefenderfer, for appellees.
Judges Wilkinson, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Mencer.
[ 15 Pa. Commw. Page 293]
This is an appeal by the Frank M. Weaver Company and its insurance carrier, Travelers Insurance Company (appellants), from a decision of the Workmen's Compensation Appeal Board (Board) affirming a referee's award of benefits pursuant to a fatal claim petition filed by Stella Puskoskie.
[ 15 Pa. Commw. Page 294]
Stella Puskoskie alleged that she was entitled to benefits as the surviving widow of Albert Puskoskie under the appropriate provisions of The Pennsylvania Workmen's Compensation Act.*fn1
It is undisputed that Albert Puskoskie suffered an accident while in the course of his employment on September 2, 1970, and that he died on October 23, 1970. The sole issue presented by this appeal is whether or not Albert Puskoskie's accident on September 2, 1970, caused his death.
Our scope of review in workmen's compensation cases in which the claimant has prevailed below is limited to a determination of whether constitutional rights were violated, an error of law was committed, or any necessary finding of fact was not supported by substantial evidence. Regent Bottling Company v. Workmen's Compensation Appeal Board, 10 Pa. Commonwealth Ct. 8, 309 A.2d 265 (1973). Appellants contend that the referee's finding of causation between the accident and Puskoskie's death is not supported by substantial evidence. We do not agree.
The referee's finding in regard to causation is as follows: "4. On September 2, 1970, the decedent sustained an injury to his chest as well as his face. He had a blunt trauma of the chest wall with lung contusion. The decedent after the accident had difficulty breathing, had chest pain, had oxygen administered to him, was sluggish and rundown and had difficulty breathing while lying down. The chest trauma precipitated infection, or pneumonitis, which caused his death."
Our careful review of the record reveals that this finding is adequately supported by evidence in the record; most notably, the testimony of claimant's ...