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JOSEPH A. YANALL v. WORKMEN'S COMPENSATION APPEAL BOARD (PENNSYLVANIA STATE POLICE) (10/26/82)

decided: October 26, 1982.

JOSEPH A. YANALL, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (PENNSYLVANIA STATE POLICE), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Joseph A. Yanall v. Pennsylvania State Police, No. A-78095.

COUNSEL

Stephen P. Ellwood, with him Lester Krasno, for petitioner.

Paul J. Dufallo, Assistant Chief Counsel, for respondent.

Judges Rogers, MacPhail and Doyle, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 69 Pa. Commw. Page 458]

This is the appeal of Joseph A. Yanall (Claimant) from an order of the Workmen's Compensation Appeal Board (Board) which affirmed an order of the referee dismissing Claimant's claim petition for workmen's compensation benefits on the basis that he failed to prove that he sustained an injury while in the course of employment.

[ 69 Pa. Commw. Page 459]

Claimant was employed by the Pennsylvania State Police as route supervisor for all official inspection stations in Monroe and Carbon Counties since 1962. On July 2, 1974, Claimant suffered a myocardial infarction which Claimant alleges was in the course of his employment and happened in the following manner:

After I got my reports, I started to file them. When I say started to file them, I have a cabinet consisting of five drawers, and I pulled the top drawer out, and when I did, the entire cabinet lunged forward on me, and I got caught unexpectedly, and I sort of grabbed it and I felt a jar, and I pushed it back.

Claimant went back to his desk and started to type when he felt a burning sensation. He got a drink of water and sat down hoping the discomfort would pass but it did not. Shortly thereafter, he was taken to the hospital and it was determined Claimant suffered an acute coronary. Claimant did not return to work until October of 1974.

On August 6, 1974, Claimant filed a claim petition with the Bureau of Workmen's Compensation. Then on March 8, 1978, the referee entered a decision in favor of the Employer. This decision was appealed to the Board by Claimant and in an order issued December 26, 1978, the Board reversed and remanded the case for re-evaluation on grounds not relevant to this appeal. On remand, two troopers, neither of whom testified at the original hearing, appeared and testified on behalf of the Claimant. The referee in a detailed decision dated October 3, 1979, again held in favor of the Employer finding that the evidence of record failed to support and substantiate that the myocardial infarction sustained by Claimant was causally related to his employment. This decision was

[ 69 Pa. Commw. Page 460]

    affirmed by the Board on May 14, 1981. It is from this decision ...


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