Appeal from the order of the Workmen's Compensation Appeal Board, in case of Anthony Gabriel v. No. 1 Contracting Corporation, No. A-89237.
Robert J. Gillespie, Sr., Bigelow, Gillespie and Cooper, for petitioner.
Joseph L. Vender, for respondent, No. 1 Contracting Corporation.
Judges MacPhail and Palladino, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Palladino.
[ 102 Pa. Commw. Page 471]
This is an appeal by Anthony Gabriel (Petitioner) from an order of the Workmen's Compensation Appeal Board (Board) affirming the decision of a referee which denied Petitioner's claim for Workmen's Compensation benefits. We affirm.
On November 23, 1982, Petitioner, while engaged in his employment as a crane operator for No. 1 Contracting Corporation, suffered chest pains which he characterizes as "an injury in the nature of a heart attack." At the time he suffered these chest pains, Petitioner was pulling and putting outrigger pads, weighing between 50 and 75 pounds, beneath the crane he was operating.*fn1 Thereafter, Petitioner went to the office of
[ 102 Pa. Commw. Page 472]
Dr. Field, his cardiologist, who had him admitted to the hospital that same day. Subsequently, Petitioner was transferred to the Milton S. Hershey Medical Center where he underwent cardiac catherization and triple bypass surgery.
The referee made the following relevant findings of fact:
3. . . . The claimant has a smoking history of one to two packs of cigarettes per day.
5. Dr. Field did not testify that the claimant's work activities caused his extensive coronary artery disease, and your referee finds that the claimant suffered from pre-existing extensive coronary artery disease which bore no relationship to his employment with the defendant No. 1 Contracting Corporation. Your referee finds that the claimant did not suffer a heart attack on November 23, 1982, and this finding is supported by the testimony of claimant's own physician.
At the very most, the claimant suffered a temporary exacerbation of his angina symptoms on November 23, 1982, which resulted in no lasting injury of any kind. Your referee, therefore, finds credible and accepts the testimony of Dr. Goldstein that the claimant ...