Appeal from the Order of the Workmen's Compensation Appeal Board in case of Carlo J. Cesare, deceased, Ann, widow v. Lehigh Valley Coal Sales Co., No. A-87150.
Paul R. Mazzoni, for petitioner.
David E. Heisler, Lenahan & Dempsey, for respondent, Lackawanna Casualty Company.
Judges Rogers, Barry and Palladino, sitting as a panel of three. Opinion by Judge Rogers.
[ 91 Pa. Commw. Page 277]
Ann Cesare (claimant), the widow of Carlo J. Cesare (decedent), has filed a petition for review of an order of the Workmen's Compensation Appeal Board (board) affirming a referee's order dismissing her fatal claim petition in which she alleged that her husband's death from heart failure during a catheterization procedure was the result of the effect of work-related stress.
The claimant testified twice before the referee. On the first occasion, she testified that her husband, who had been a sales manager for a coal company in or near Scranton, had been conscientious about his work and had worked long hours. She testified that on Friday, March 18, 1977, she, her husband, Charles Zink, a vice-president of the coal company, and Mrs. Zink drove to New York on a business trip and that on that evening the decedent complained of chest pains. She further testified that the parties remained in New York for dinner, a show, and meetings with customers during the balance of the weekend.
Mr. Zink testified that the decedent was a conscientious worker but that he had never complained that his work was affecting his health. Mr. Zink specifically testified that he recalled no mention by the decedent of indisposition or saw no signs of stress suffered by the decedent during the trip to New York.
Mr. Zink died after he testified in this case. After Mr. Zink's death, the claimant testified that on Friday,
[ 91 Pa. Commw. Page 278]
March 18, 1977, her husband helped push the Zink car from a curb in snowy weather.
The referee accepted Mr. Zink's version of the trip to New York.
The referee received the depositions of Dr. John Wandalowski, the decedent's treating physician, and of Dr. Orlindo Preli, the physician who performed the catheterization. These depositions ...