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WELLS/RICHARD MANUFACTURING CO. v. WORKMEN'S COMPENSATION APPEAL BOARD (WALTER L. GROSS) (09/24/82)

decided: September 24, 1982.

WELLS/RICHARD MANUFACTURING CO., PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (WALTER L. GROSS), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Walter L. Gross v. Wells/Richard Manufacturing Company, No. A-79378.

COUNSEL

David L. Pennington, with him Susan McLaughlin, Harvey, Pennington, Herting & Renneisen, Ltd., for petitioner.

Michael S. Valimont, Power, Bowen & Valimont, for respondent, Walter L. Gross.

President Judge Crumlish, Jr. and Judges Rogers and Blatt, sitting as a panel of three. Opinion by President Judge Crumlish, Jr. Judge Mencer did not participate in the decision in this case.

Author: Crumlish, Jr.

[ 69 Pa. Commw. Page 180]

Wells/Richard Manufacturing Company (employer) and its insurance company appeal a Workmen's Compensation Appeal Board order which affirmed the referee's determination that Walter Gross (claimant) had suffered a compensable injury and was totally disabled.*fn1 We affirm.

[ 69 Pa. Commw. Page 181]

Gross, a maintenance mechanic, sustained injuries "in the nature of a myocardial infarction"*fn2 while shoveling snow on the employer's premise.

The employer contends that the referee's finding that claimant suffered a myocardial infarction is not supported by substantial evidence.*fn3

Claimant's medical expert, Dr. Tendler, testified that claimant was experiencing multiple episodes of ventricular tachycardia (cardiac arrests) when he arrived at the emergency room. He was immediately admitted into the intensive care unit. The cardiac arrest continued, requiring that he be cardioverted with electric shock at least ten separate times to prevent death. During his fifteen-day hospital stay, he was administered various anti-arrhythmic drugs to maintain his normal heart rhythm.

Subsequent tests indicated that claimant had atherosclerosis*fn4 of the coronary arteries. Dr. Tendler testified

[ 69 Pa. Commw. Page 182]

    that prior to January 13, 1978, claimant had no history of heart disease or coronary disorder and that the cardiac arrythmia experienced on that day was the initial ...


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