Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

MARTINIQUE v. COMMONWEALTH PENNSYLVANIA (08/13/79)

decided: August 13, 1979.

MARTINIQUE, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND JULIE GIRARDI, RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Julie Girardi v. Martinique, No. A-73536.

COUNSEL

Thomas R. Bond, with him, of counsel, LaBrum and Doak, for petitioner.

Gerald J. Haas, for respondents.

Judges Crumlish, Jr., Blatt and Craig, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 45 Pa. Commw. Page 68]

This is an appeal by Martinique (employer) from an order of the Workmen's Compensation Appeal Board (Board) affirming the referee's award of benefits on a fatal claim petition filed by Julie Girardi (claimant) for the death of her husband, Philip Girardi. We affirm the Board.

Philip Girardi was a waiter for the employer at a New Year's Eve banquet on December 31, 1972. His duties that evening included setting up his tables, circulating among the guests carrying a heavy tray of hors d'oeuvres, putting out two heavy ice buckets, serving drinks to his assigned tables, serving dinner to about 25 people, and clearing the tables of dishes and carrying them to the kitchen. Some time before midnight, after serving the meal, claimant collapsed while getting a round of drinks from the bar. He was taken by ambulance to the hospital, where he died a short time later.

Claimant, his widow, filed a fatal claim petition against the employer on June 6, 1973. After a hearing,

[ 45 Pa. Commw. Page 69]

    the referee granted her compensation. The employer appealed to the Board, which affirmed the referee's award. This appeal followed.

The employer's sole claim on this appeal is that claimant has not met her burden of proof regarding the medical causation of her husband's death.

In a fatal claim petition, claimant has the burden of showing that the decedent suffered an injury which both arose in and was related to the course of his employment. Royesky v. Workmen's Compensation Appeal Board, 34 Pa. Commonwealth Ct. 274, 383 A.2d 566 (1978). Where, as here, the injury was not obviously caused by the decedent's employment, claimant has the burden of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.