144 A. 821 | Pa. | 1928
Argued November 27, 1928. This is an appeal by the defendant in a workman's compensation case and the question to be determined is whether there was sufficient evidence to sustain the award.
Plaintiff's husband, for whose death compensation is claimed, was a coal miner employed by defendant. There is no question but that he was poisoned by black damp in defendant's mine on February 18, 1925, and suffered from convulsions as a result. It is admitted by appellant that poison by black damp is trauma or force according to its technical meaning under the Workmen's Compensation Law.
On April 8, 1926, the deceased fell in the blacksmith shop of appellant and injured his head; it is urged that no connection was shown between the poisoning and the fall and cause of death.
Bearing in mind that we do not pass upon the weight of the opinion testimony in this class of cases, but look only to see whether there is competent evidence which, if credited by the compensation authorities, will sustain the award (Kuca v. Lehigh Valley Coal Co.,
The judgment is affirmed.