DocketNumber: Appeal, No. 26
Citation Numbers: 279 Pa. 524
Judges: Frazer, Moschzisker, Sadler, Schaffer, Simpson, Walling
Filed Date: 2/25/1924
Status: Precedential
Modified Date: 2/17/2022
Opinion by
This is a workman’s compensation case. The claimant, C. A. Mauchline, was and had been for some time employed as electrical engineer in the mine of the Shinn Coal Company, defendant, when, in February, 1922, he was forced to quit work because of ill health. He had been ailing for several months; at first his trouble seemed to be bronchitis but developed into a permanent condition of expansion of the lungs known as “emphysema,” which prevents a normal expulsion of the air. Claimant’s contention, sustained by the referee, compensation board and lower court, is that this condition resulted from an accident sustained in the course of his employment. The State Workmen’s Insurance Fund, as insurance carrier, denied such contention and brought this appeal.
Claimant’s employment required his presence in rooms where electric generators were in operation and gave off smoke and fumes, especially when overloaded. On August 24, 1921, plaintiff inhaled an unusual quantity
To be an accident, within the workmen’s compensation law, the injury must usually result from some undesigned event occurring at a particular time; this condition would be met in the instant case had the emphysema resulted from inhaling the smoke and fumes on the single occasion (Gurski v. Susquehanna Coal Co., 262 Pa. 1; Eldridge v. Endicott J. & Co., 228 N. Y. 21, 20 A. L. R. p. 1 and note p. 4), but that is not shown. On the contrary the medical evidence indicates that such condition is normally of slow development and probably here came on gradually from continued contact with the smoke and fumes. If so, it was not an accident but the result of an occupational disease, the risk of which the employee
The case is not brought within the rule that compensation may be given for an accidental injury which sets in motion a dormant malady or aggravates an existing disease, so that the death or disability can properly be attributed to such aggravation, for there is here no evidence to support the finding that claimant had any incipient disease before August 24, 1921, which resulted in disability because of the smoke and fumes then inhaled. The lay evidence is uniform that prior thereto his health was good, and the doctor would not express the opinion that the disease had its inception at an earlier date, or even at that time.
The burden was upon the claimant to offer proof sufficient to sustain a finding that .the disability resulted from an accident sustained in the course of employment; this he failed to do, but under section 427 of the Workmen’s Compensation Act as amended by the Act of June 26, 1919, P. L. 642, 666, the record should be remitted to the compensation authorities for a further hearing and determination. See Kuca v. Lehigh Valley Coal Co., 268 Pa. 163; Riley v. Carnegie Steel Co., 276 Pa. 82.
The judgment is reversed, and the record is remitted to the court below with directions to return it to the compensation authorities, so that they may proceed to adjudicate the case in accordance with this opinion.
Boal v. Electric Storage Battery Co. , 98 F.2d 815 ( 1938 )
Madore v. New Departure Mfg. Co. , 104 Conn. 709 ( 1926 )
Ramsay v. Sullivan Min. Co. , 51 Idaho 366 ( 1931 )
Kentucky Stone Co. v. Phillips , 294 Ky. 576 ( 1943 )
Becker v. Murphy Oil Corp. , 70 So. 3d 885 ( 2011 )
Indian Territory Illuminating Oil Co. v. Williams , 157 Okla. 80 ( 1932 )
Hinkle v. HJ Heinz Company , 7 Pa. Commw. 216 ( 1972 )
Vorbnoff v. Mesta Machine Co. , 286 Pa. 199 ( 1926 )
Jones v. Phila. Reading C. I. Co. , 285 Pa. 317 ( 1926 )
Ripani v. Dittman , 297 Pa. 124 ( 1929 )
Parks v. Miller P. MacH. Co. , 336 Pa. 455 ( 1939 )
Potter v. Claar , 289 Pa. 418 ( 1927 )
Senlock v. P. R.C. I. Co. , 104 Pa. Super. 156 ( 1931 )
Barkus v. Thornton-Fuller Co. , 157 Pa. Super. 239 ( 1945 )
Micale v. Light S.W. Ins. Fund , 105 Pa. Super. 399 ( 1932 )
Royko v. Logan Coal Co. , 146 Pa. Super. 449 ( 1941 )
Crispin v. Leedom Worrall Co. , 142 Pa. Super. 1 ( 1940 )
Good v. Pa. Prop. Sup. , 150 Pa. Super. 187 ( 1942 )
Luckenbill v. the P. R.C. I. Co. , 93 Pa. Super. 438 ( 1928 )
Telario v. Jeff. Indiana Coal Co. , 105 Pa. Super. 305 ( 1932 )