Appeal from the Order of the Workmen's Compensation Appeal Board in case of Italia E. Royesky v. Uniontown Construction Coal Co., No. A-71875.
Thomas G. Bowlen, with him William J. Franks, for petitioner.
Roy F. Walters, Jr., with him Carl B. Fried, for respondent.
Judges Rogers, Blatt, and DiSalle, sitting as a panel of three. Opinion by Judge DiSalle.
[ 34 Pa. Commw. Page 275]
This case comes before this Court upon a petition for review of an order of the Workmen's Compensation Appeal Board (Board). The order affirms a referee's dismissal of a fatal claim petition filed by Italia E. Royesky (Petitioner) for the death of her husband. We affirm.
Petitioner's husband, Victor M. Royesky, was employed by the Uniontown Construction Company for 16 years. On October 16, 1972, while bending down to pick up concrete blocks, the deceased suffered a hypertensive intracerebral hemorrhage. He was taken immediately to the Uniontown Hospital and received treatment from Dr. Cataldo Corrado. He was then transferred to the West Virginia University Medical Center at Morgantown where he expired on October 23, 1972.
[ 34 Pa. Commw. Page 276]
Petitioner filed a fatal claim petition against the Uniontown Construction Company on April 12, 1973. After hearing, the claim was denied by the referee. He found that the Petitioner failed to sustain the burden of showing that her husband's death was related to his employment. This determination was affirmed by the Board on appeal and Petitioner filed this petition for review.
It was Petitioner's burden to show that her husband suffered an injury which (1) arose in the course of his employment and (2) was related thereto. Workmen's Compensation Appeal Board v. G.M. & W. Coal Co., 29 Pa. Commonwealth Ct. 138, 370 A.2d 386 (1977). In a case such as this, where the injury was not obviously caused by the deceased's employment it was the Petitioner's burden to produce unequivocal medical evidence to establish such a causal relationship. Heffer v. G.A.F. Corp., 29 Pa. Commonwealth Ct. 365, 370 A.2d 1254 (1977). The Petitioner failed to sustain this burden.
The record shows that the two physicians who treated the Petitioner's husband just prior to his death both testified on behalf of Petitioner. Dr. Corrado stated:
Q. In your opinion, Doctor Corrado, Mr. Royesky had for some 17 years done construction type work and on this particular day with this hypertension that he had, would lifting concrete blocks as it has been evidenced that he was doing would that cause the blood ...