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JESSOP STEEL COMPANY AND HOME INSURANCE COMPANY v. COMMONWEALTH PENNSYLVANIA (01/11/80)

decided: January 11, 1980.

JESSOP STEEL COMPANY AND THE HOME INSURANCE COMPANY, PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND PAUL R. MOUNTS, RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Paul R. Mounts, Claimant v. Jessop Steel Company, Defendant, No. A-75862.

COUNSEL

Raymond F. Keisling, with him Will & Keisling, for petitioners.

C. Jerome Moschetta, for respondent.

Judges Wilkinson, Jr., Blatt and Craig, sitting as a panel of three. Opinion by Judge Wilkinson, Jr. This decision was reached prior to the expiration of the term of office of Judge DiSalle.

Author: Wilkinson

[ 48 Pa. Commw. Page 450]

Claimant was awarded compensation by a referee and the Workmen's Compensation Appeal Board (Board) under The Pennsylvania Workmen's Compensation Act (Act)*fn1 for disability resulting from a

[ 48 Pa. Commw. Page 451]

    work-related myocardial infarction. Jessop Steel Company (employer) appealed to this Court.

Claimant worked for the employer from 1941 to 1948 and from 1955 to September 11, 1975 as an overhead ladle craneman in the electric furnace department. On September 11, 1975, claimant was operating an overhead ladle crane and was sitting in the control cab thereof awaiting the work activity of others. Because he had felt cold, claimant turned off the cab's air conditioning system and for approximately 30 minutes parked the crane 12 to 15 feet directly over a pile of hot steel ingots. Claimant lost consciousness and suffered a myocardial infarction. Two fellow employees removed claimant from the cab. The plant nurse received proper notice of the injury, and claimant was put on a stretcher and had oxygen administered to him. He was taken to Washington Hospital Emergency Room where a physician examined him and told him to go back to work. An electrocardiogram was not done at Washington Hospital. On returning to the employer's plant claimant was sent home.

The next day, September 12, 1975, to September 27, 1975, claimant was an in-patient at Ohio Valley General Hospital. An electrocardiogram and other tests confirmed that claimant had suffered a myocardial infarction on September 11th. After several hearings the workmen's compensation referee awarded compensation benefits. The Board affirmed the referee's order. In this appeal the employer asserts that the referee's finding that claimant's myocardial infarction arose in the course of his employment and was related thereto was not supported by sufficient competent evidence.

It is not necessary for a claimant to prove an "accident." Injuries sustained by employees after May 1, 1972 are compensable if they (1) arise in the course

[ 48 Pa. Commw. Page 452]

    of employment and (2) are related thereto. Workmen's Compensation Appeal Board v. Ayres Philadelphia, Inc., 23 Pa. Commonwealth Ct. 249, 351 A.2d 306 (1976). There is little doubt that claimant's injury arose in the course of his employment. It is uncontroverted that the incident on September 11th took place while claimant was sitting in the ...


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