29 A.2d 216 | Pa. Super. Ct. | 1942
Argued October 1, 1942. Claimant in this workman's compensation case filed, on March 2, 1939, a petition for compensation for the death of her husband. She alleged that the cause of his death, which occurred on October 27, 1938, was septicemia, and that it resulted from a blow on his right knee on October 5, 1938, while in the course of his employment. Defendant in its answer denied the happening of an accident, and alleged that death was due to pneumonia, and that it was from natural causes. The referee and the Workmen's Compensation Board twice disallowed compensation. On claimant's first appeal to the court below the record was remitted for more specific findings of fact. On the second appeal claimant's exceptions were dismissed, and judgment was entered in favor of defendant. This appeal was then taken by claimant.
Deceased's work consisted of "loading cases of milk on to a conveyor in a cold storage room," and his working hours were from 2:30 A.M. to 11:30 A.M. After the date of the alleged accident, October 5, 1938, he continued *584
to work until October 14, 1938, when he came home from work at 6:30 A.M., and said that he was sick. He was treated by a physician for bronchial pneumonia, and was later sent to a hospital, where he died on October 27, 1938. The referee and the board found that the cause of deceased's death was bronchial pneumonia, and that no connection between any alleged accident, suffered by deceased in the course of his employment, and his death was established. There was a dispute as to whether the cause of death was merely pneumonia or septicemia. This question is academic in view of the referee's fourth finding of fact, which was affirmed by the board. See Bakaisa v. Pittsburgh WestVirginia R. Co.,
Claimant testified that deceased came home on October 5, 1938, about noon, and that he was holding his right leg which was bleeding. She further testified in part as follows: "Q. Did he say when he bumped his leg? A. Yes, he said, He make water (?) and then he cleaned up and he bumped his leg . . . . . . right before he come home from the work. . . . . . Q. Did he say when it was? A. No, I can't remember." Deceased's daughter testified that he remarked: "Just before I came home I was rushing to get done and I bumped my leg." All of this testimony was taken subject to objection by defendant's counsel. His son's testimony is more indefinite. These statements were made about a half hour after deceased's working hours, and, although no fixed time with relation to the main event may be set up as the standard for the admissions of hearsay declarations as part of the res gestae(Ceccato v. Union Collieries Co.,
Claimant's testimony that deceased was in good health when he left for work in the morning, and that he had a knee injury when he returned did not establish an accident in the course of his employment. Eckman v. *586 United States Lock Hardware Co. et al., supra, p. 519.
Even though we should conclude that deceased's statements to the members of his family were competent, there was no capricious disregard of this evidence by the compensation authorities. It was also considered by the board as if it were competent. The burden was on claimant to prove her case by a preponderance of the evidence. Stauffer v. Susquehanna Collieries Co.,
Judgment is affirmed.