9 Pa. Commw. 494 | Pa. Commw. Ct. | 1973
Opinion bt
The question which we are called upon to resolve in this Workmen’s Compensation case is whether the claimant is entitled to compensation benefits as a result of an accident
Claimant was employed as a punch press operator for approximately one year prior to October 29, 1971. On that date, claimant was lifting metal discs from a shoulder height bin onto a punch press machine when she experienced a sharp .pain in her back. This was in conformity Avith her normal function in the usual way. She attempted to continue but the pain increased and
After hearing, the Referee found that claimant had suffered an accident in the nature of an unusual pathological result and that claimant was totally disabled. The findings and award were affirmed by the Workmen’s Compensation Appeal Board since the Board felt that the evidence supported the Referee’s finding that an accident occurred and the injuries were caused by that event. The employer appeals to us.
The scope of this Court’s review in Workmen’s Compensation cases, when the claimant has been victorious below, is limited to questions of law and a determination as to whether there is substantial evidence to support the findings and conclusions of the Board. United States Steel v. Simon, 9 Pa. Commonwealth Ct. 281, 305 A. 2d 913 (1973). Further, it is the function of the fact finder and not of this Court to determine questions of credibility and the weight to be given evidence, and the party victorious below is to be given the benefit of the most favorable inference deducible from the evidence. United States Steel v. Simon, 9 Pa. Commonwealth Ct. 281, 305 A. 2d 913 (1973); Sabatini v. Affiliated Food Distrbutors, Inc., 6 Pa. Commonwealth Ct. 470, 295 A. 2d 845 (1972). Under this scope of review we must affirm the decision of the Board.
Appellant’s sole contention is that the unusual pathological result doctrine cannot be applied unless claimant can prove that the accident resulted in a fracture of the bone structure or a tear or rupture of the soft tissue of the body. Neither the Workmen’s Com
In Hinkle v. H. J. Heinz Company, 7 Pa. Commonwealth Ct. 216, 223, 298 A. 2d 632, 635, 636 (1972), this Court stated: “[w]e discern from the cases that there are four common elements within virtually every Accident’ defined as an unusual pathological result of an ordinary condition of work. They are: (1) the ordinary and usual nature of the work or act being performed by the employee; (2) the unexpected nature of the event or occurrence resulting from such work or act; (3) a definable event, or series of events causing the sudden onset of the unexpected pathological result; and (4) physical injury or physical change of bone or bodily tissue, [citations omitted].”
The cases of Landis v. General Motors Corp., 180 Pa. Superior Ct. 332, 119 A. 2d 645 (1956), and Guvala v. Sims Co., 155 Pa. Superior Ct. 206, 38 A. 2d 482 (1944), do not mandate the interpretation pressed upon us by Appellant. In Landis, compensation was disallowed because that was a case of an aggravation of a pre-existing condition. The pre-existing condition determination was the main thrust of that decision. See Corbeil v. A. & P. Stores, 213 Pa. Superior Ct. 1, 245 A. 2d 864 (1968). In Guvala, the court simply held that compensation should be awarded when, in fact, the claimant actually had a ruptured invertebral disc since this could be termed an accident within the terms of the Workmen’s Compensation Act. Neither case dictates that where there is a disabling injury, but no actual break or tear, compensation may not be allowed.
As to the issue of causal connection and disability, the medical expert presented uncontradicted testimony to the effect that the injury was caused by that incident and that the Claimant was totally disabled. The Referee accepted this testimony and the Board affirmed. Since those findings were based on competent evidence, it will not be disturbed here.
And Now, this 10th day of August, 1973, the Order of the Workmen’s Compensation Appeal Board is affirmed; New Standard Corporation is directed to pay to Lynne M. Miller compensation for total disability at the rate of $60.00 per week from October 29,1971, with interest at the rate of six percent (6%) per annum on the accrued amount, all within the terms of the Workmen’s Compensation Act. New Standard Corporation is also directed to pay medical expenses in the amount of $210.50.
The alleged, accident in this case occurred prior to the enactment of Act 61 of 1972 which substantively changed the AVorkmen’s Compensation Act to eliminate proof of “accident” before recovery is allowed. The amendments are therefore not applicable.
Appellant does not argue that elements 1, 2 and 3 have not been shown but only that element 4 has not been proven and therefore no “accident” has been shown.