221 Pa. Super. 157 | Pa. Super. Ct. | 1972
Opinion by
Plaintiff instituted an action in trespass against his employer, Jones and Laughlin Steel Corporation, claiming negligence in the rendering to him of medical ser
Though we do not find Section 205 to be governing per se, pertaining as it does to actions against a fellow servant, we do agree with the conclusion reached by the lower court that plaintiff’s cause of action against the employer is under the Workmen’s Compensation Law.
The Workmen’s Compensation Act
In the instant case plaintiff’s initial injury was admittedly accidental and within the course of his em
The order of the court below sustaining defendant’s preliminary objections to plaintiff’s complaint is therefore affirmed.
Act of June 2, 1915, P. L. 736, Art. III, Section 301(c), as amended by Act of June 4, 1937, P. L. 1552, Section 1 and Act of June 21, 1939, P. L. 520, Section 1, 77 P.S. §411.
For this reason the cases relied upon by plaintiff of Howard v. Berg, 86 Pa. D. & C. 358 (1953), and Lazar v. Falor, 118 P.L.J.
"4 '“The violence caused the injury, the injury caused the operation, the operation caused the anaesthetization, the anaesthetization caused dilatation of the heart and dilatation of the heart caused death. Hence there was a causal connection between the [original] violence and [the subsequent] death.”' Hornetz v. Philadelphia & Reading C. & I. Co., supra, at 41.”