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MARY VERABISH v. WORKMEN'S COMPENSATION APPEAL BOARD (01/10/75)

decided: January 10, 1975.

MARY VERABISH, APPELLANT,
v.
WORKMEN'S COMPENSATION APPEAL BOARD, CAMBRIA COUNTY HOME AND HOSPITAL AND PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY, INSURANCE CARRIER, APPELLEES



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Mary Verabish v. Cambria County Home & Hospital, No. A-67193.

COUNSEL

Patrick H. Washington, for appellant.

Edward G. Kuyat, Jr., with him James N. Diefenderfer, for appellees.

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

Author: Mencer

[ 17 Pa. Commw. Page 6]

This is an appeal by Mary Verabish (claimant) from a decision of the Workmen's Compensation Appeal Board (Board) affirming a referee's denial of compensation benefits.

Claimant was employed by the Cambria County Home and Hospital (employer) as an attendant for bedridden patients when, on August 20, 1968, her arm became suddenly sore while she was taking care of a patient. She applied for compensation benefits which were subsequently denied by a referee on the basis that she had not suffered a compensable accident within the meaning of

[ 17 Pa. Commw. Page 7]

The Pennsylvania Workmen's Compensation Act.*fn1 The Board then affirmed the referee and this appeal followed.

[ 17 Pa. Commw. Page ]

Our scope of review in workmen's compensation cases is limited to a determination of whether constitutional rights were violated, an error of law was committed, or any necessary finding of fact was unsupported by substantial competent evidence. Page's Department Store v. Workmen's Compensation Appeal Board, 11 Pa. Commonwealth Ct. 126, 309 A.2d 169 (1973). And where, as here, the Board has affirmed the findings and conclusions of the referee and has found against the party having the burden of proof,*fn2 review by this Court is to determine whether the findings are consistent with each other and with the conclusions of law and the Board's order and can be sustained without a capricious disregard of competent evidence. Wilkes-Barre Iron & Wire Works, Inc. v. Workmen's Compensation Appeal Board, 9 Pa. Commonwealth Ct. 612, 309 A.2d 172 (1973).

Our careful reading of the record convinces us that the findings of the referee (subsequently adopted by the Board) can be sustained without a capricious disregard of competent evidence and adequately support the conclusion that claimant failed to prove the occurrence of a compensable accident under the Act. As we stated in Hinkle, supra, there are four categories of compensable accidents recognized by the courts of Pennsylvania. These are: (1) a sudden, unexpected traumatic event such as a fall or blow, (2) unusual exertion ...


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