Summary
In Zagwisky v. Lehigh Valley Coal Co., 295 Pa. 71, the injury resulted from a strain while engaged in lifting a plank; and in Hamilton v. Penna. R.R. Co., 298 Pa. 22, the injury resulted from a sprain in lifting a heavy weight.
Summary of this case from Melini v. Saltslburg Coal Mining Co.Opinion
November 28, 1928.
January 7, 1929.
Workmen's compensation — Causal connection between accident and death — Expert testimony.
1. The appellate court will affirm an award for the death of a workman, allowed by the referee, the board and the court below, where it finds that the connection between the accident and the death was clearly established by competent expert evidence.
Before MOSCHZISKER, C. J., FRAZER, WALLING, SIMPSON, KEPHART, SADLER and SCHAFFER, JJ.
Appeal, No. 314, Jan. T., 1928, by defendant, from judgment of C. P. Schuylkill Co., July T., 1928, No. 90, affirming decision of workmen's compensation board confirming award of referee, in case of Anna Zagwisky v. Lehigh Valley Coal Co. Affirmed.
Appeal from decision of workmen's compensation board allowing claim. Before HOUCK, J.
The opinion of the Supreme Court states the facts.
Decision affirmed. Defendant appealed.
Error assigned, inter alia, was decree, quoting record.
Daniel W. Kaercher, for appellant.
Roger J. Dever, for appellee.
Argued November 28, 1928.
Claimant's deceased husband, Michael Zagwisky, met with an accident in the course of his employment on December 5, 1927, when, while engaged in lifting a plank, his foot slipped, occasioning a strain of his side. After treatment at home, he was admitted to a hospital on December 19, 1927, and died of pneumonia on January 8, 1928. The referee made an award in claimant's favor, which was sustained by the board. Defendant appealed to the court below, which affirmed the board and entered judgment on the award; defendant has appealed to this court and contends that the expert medical testimony was insufficient in law to connect the cause of death with the accident. We agree with the court below that "connection between the accident and the death is clearly established by competent evidence."
The judgment is affirmed.