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TOWNSHIP UPPER DARBY AND GENERAL ACCIDENT GROUP v. COMMONWEALTH PENNSYLVANIA (08/12/80)

decided: August 12, 1980.

TOWNSHIP OF UPPER DARBY AND GENERAL ACCIDENT GROUP, PETITIONERS
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND WILLIAM MURRIN, RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of William Murrin v. Township of Upper Darby, No. A-76331.

COUNSEL

Charles S. Katz, Jr., Swartz, Campbell & Detweiler, for petitioners.

Michael A. Paul, Richard, Brian, DiSanti & Hamilton, for respondents.

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

Author: Macphail

[ 53 Pa. Commw. Page 439]

The Township of Upper Darby and General Accident Group (Petitioners) have filed this appeal from a decision of the Workmen's Compensation Appeal Board (Board) which affirmed the referee's order granting workmen's compensation benefits to William Murrin (Claimant). We affirm.

The record shows that on January 23, 1977, the Claimant was on duty as a police patrolman for the Township of Upper Darby when he received a radio message informing him that a child had been struck by

[ 53 Pa. Commw. Page 440]

    an automobile and directing him to investigate the accident. The evening of January 23, 1977 was cold and the roads were icy. Claimant set out for the scene of the accident at a high rate of speed and received a call on the radio urging him to hurry since the child was reported to have been badly hurt. When Claimant arrived at the scene, he encountered a group of persons who informed him that the driver of the vehicle involved in the accident had taken the child to the hospital; several opined that the child had died. Claimant ran back to his patrol car and proceeded, again at a high rate of speed, to the nearest hospital. He assumed that the injured child would be there. He ran to the accident ward and proceeded to the treatment room where the child had been taken. He viewed the child, who had a severe head injury, briefly and proceeded to the Police Investigation Room to interview the driver of the automobile involved in the accident. Some minutes passed and the parents of the driver arrived. Approximately twenty minutes after arriving at the hospital and while interviewing the driver and his parents, Claimant collapsed and lost consciousness.

Claimant received immediate treatment for cardiac arrest and, when his heart had begun to beat again, was taken to the Coronary Care Unit. The cause of Claimant's cardiac arrest was a severe myocardial infarction. Dr. Frederick A. Furia, a specialist in the field of cardiology, was present at the emergency ward on the evening of Claimant's injury and has been his treating physician since that time.

The referee found that the events of the evening of January 23, 1977 caused Claimant's myocardial infarction and that Claimant was totally disabled from performing the duties of a patrolman until August 4, 1977. The referee found that as of August 4, 1977, Claimant could have performed light work, but none was available with his former employer and no light

[ 53 Pa. Commw. Page 441]

    work was available to Claimant in the Philadelphia Metropolitan region from August 4, 1977 to February 28, 1978.*fn1 Therefore, Claimant was awarded total disability compensation from January 23, 1977 to February ...


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