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PENN CAMBRIA SCHOOL DISTRICT AND PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY v. COMMONWEALTH PENNSYLVANIA (06/18/80)

decided: June 18, 1980.

PENN CAMBRIA SCHOOL DISTRICT AND PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY, PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND KENNETH R. CARRUTHERS, RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Kenneth R. Carruthers v. Penn Cambria School District, No. A-75671.

COUNSEL

Edward G. Kuyat, Jr., Kuyat & Walker, for petitioners.

Timothy P. Creany, for respondents.

Judges Wilkinson, Jr., Craig and Williams, Jr., sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 52 Pa. Commw. Page 245]

Penn Cambria School District (employer) and its insurance company appeal from the opinion and order of the Workmen's Compensation Appeal Board affirming the referee's determination that claimant Kenneth Carruthers had suffered a compensable injury and was totally disabled as of August 15, 1976.

Claimant had been employed as a custodian with employer for aproximately nine years. Between August 2 and August 12, 1976, claimant spent his 7:00 a.m. to 3:00 p.m. shifts removing the entire contents of one of the district schools to various locations throughout the district. This move required claimant to load and unload boxes and furniture, drive up to four trips a day totaling one hundred miles on some days, unload the truck at the various sites and unpack and carry the furniture to various locations throughout the particular school.

Claimant testified that, while involved in this move, he began experiencing chest pains on August 10 or 11. The record shows that, on August 13, reporting to his regular custodial duties, claimant felt rundown and tired and continued to experience some chest pain. Saturday, August 14, claimant reported to work for a routine building tour, basement through third floor, for a damage and security check, and continued to experience chest pains, although he completed his shift. On Monday Claimant reported to work, having experienced

[ 52 Pa. Commw. Page 246]

    chest pains throughout the weekend, and checked all of the floors as he had on Saturday. However, because the chest pains were continuing and "were getting much worse", claimant reported to the secretary that he was going to see his physician, Dr. Kirby.

After being seen by Dr. Kirby, his family physician, claimant reported to Mercy Hospital on August 17. After the hospital examination, claimant returned to Dr. Kirby who informed claimant that he was totally disabled.

On appeal here, employer contends that claimant failed to meet his burden of proving that he sustained a compensable injury under Section 301(c)(1) of The Pennsylvania Workmen's ...


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