42 A.2d 83 | Pa. Super. Ct. | 1944
Argued October 26, 1944. In this Workmen's Compensation Case both the *134 referee and the board refused an award and the disallowance was affirmed by the court.
Claimant had worked for defendant in its mines as a bricklayer for many years. On January 23, 1942, in the course of his employment, he was clearing the way for the building of a brick wall across an opening in a coal mine. While lifting a steel rail he suffered a right inguinal hernia as he turned to throw it aside. Later, after defendant's adjuster told him that his injury was not compensable, he consulted his own surgeon. The hernia was successfully and permanently reduced by an operation on February 10, 1942. He returned to his former employment on April 15, 1942, without further disability.
The ultimate finding of the board was "that the claimant was performing his regular work in his usual way on January 23, 1942, while lifting a rail and the hernia which he suffered at that time was not an accident within the meaning intendment of the Workmen's Compensation Act as amended." The board rested its conclusion on the principle: "Disability overcoming an employee while engaged in his usual work in the usual manner is not compensable, unless some fortuitous or untoward happening takes place: Gausman v. Pearson,
The legislature may provide Workmen's Compensation for disability other than from accident (as it has in the Occupational Disease Compensation Act of June 21, 1939, P.L. 566,
In this case under the findings, every statutory presumption against an award has been overcome. And the facts which remove the presumption constitute "incontrovertible proof" within the intent of the amendment (Grant v. Wark Const. Co.,
It was part of claimant's work to clear the way for laying bricks. Undoubtedly at the time of his injury he was performing his regular work in lifting the rail and the board was free to disregard, as it did, evidence of overexertion which would have made the claim compensable on that ground. But the circumstances as embodied in the findings, supported by strict proof, establish an unexpected injury — an unusual result — from sudden effort or strain. The findings are of an accident, though occurring in the course of performance of claimant's ordinary duties. The claim therefore is within the principle of Buck v. Arndt,
Claimant testified, and his written statement to defendant's adjuster immediately after the injury is to the effect, that in lifting the rail and in turning to put it down he felt a sharp pain in the groin. His claim petition also alleged a twisting of his body at the time of the injury. In Camilli v. Penna. R.R.Co.,
Under the findings of the board, in the light of all of the circumstances, claimant's injury was a compensable acute traumatic hernia.
Judgment reversed; the record is remitted for the entry of an award.