48 Pa. Commw. 348 | Pa. Commw. Ct. | 1980
Opinion by
Alvin Logue has appealed from a decision of the Workmen’s Compensation Appeal Board (Board) affirming a referee’s denial of workmen’s compensation benefits which Logue sought under Section 108(o) of The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736, §108, as amended, added by Section 1 of the Act of October 17, 1972, P.L. 930, §1, as amended, 77 P.S. §27.1. We affirm.
Logue, a fireman for eighteen years, applied for workmen’s compensation benefits after suffering a heart attack while on duty at the stationhouse. Logue’s employer, the Borough of McKees Rocks, Challenged his application for benefits on the ground that Logue’s employment did not cause or contribute to his heart attack. At a referee’s hearing, each Logue and-his employer offered into evidence the deposition of a medical expert. The experts differed. The referee, after carefully reviewing the testimony of both medical experts, found the employer’s expert’s testimony more credible than Logue’s expert and denied benefits to Logue. The Board subsequently affirmed.
Logue contends that the referee and the Board capriciously disregarded evidence that Logue’s employ
Accordingly, we enter the following:
Order
And Now, this 8th day of January, 1980, the order of the Workmen’s Compensation Appeal Board denying workmen’s compensation benefits to Alvin Logue is affirmed.
This decision was reached prior to the expiration of the term of office of Judge DiSalle.