22 Pa. Commw. 437 | Pa. Commw. Ct. | 1975
Opinion by
This is an employer’s appeal from an award of medical and hospital expenses in the amount of $475 and of disability payments of about $1000 to a workman who underwent back surgery for the removal of vertebral discs.
The claimant, David N. Pryce, was employed as a welder mechanic for the appellant, Bethlehem Mines. In August 1969 while carrying pipe at his place of employ
On December 22, 1971, Mr. Pryce and a fellow employee were assigned to remove an unneeded steel chute. They removed a piece of the chute weighing several hundred pounds
Although the claimant testified that he told his physicians of the accident of December 22, 1971, the doctors’ histories contain no indication that he did. An intern’s
The referee found that the accident of December 22, 1971 caused the claimant’s herniated discs. The Workmen’s Compensation Appeal Board recognized the insufficiency of the medical testimony as to causation. It nevertheless affirmed the referee’s award of compensation because it viewed the case as one within the line of authorities holding that where the claimant’s injuries are immediately and directly, or naturally and probably, the result of an accident, the fact finder is not required to depend alone, or at all, upon medical testimony to find the causal connection. Hager v. Bethlehem Mines Corp., 183 Pa. Superior Ct. 498, 133 A.2d 567 (1957); Leftwrich v. Colonial Aluminum Smelting Corporation, 184 Pa. Superior Ct. 622, 136 A.2d 182 (1957) ; Mohr v. Desimone & Sayers, 110 Pa. Superior Ct. 44, 167 A. 504 (1933). While the case is a close one, we agree that it is one in which the exception is applicable. While the claimant had back problems relating to the 1969 incident, he was able to continue his daily work until the December 1971 accident. While he delayed for several months after the accident in seeking medical help, his and a fellow employe’s
Order
The order of the Workmen’s Compensation Appeal Board is affirmed.
It is ordered and directed that the defendant, Bethlehem Mines Corporation, pay to the claimant, David N. Pryee, weekly benefits at the rate of $60.00 beginning March 23, 1972 to and including April 5, 1972, and from April 29, 1972 to and including August 20, 1972, with interest on deferred payments.
The defendant is further directed to pay the following medical and hospital expenses:
Lee Hospital, Johnstown, Pennsylvania $ 28.00 Orthopedic Specialities, Inc.,
722 Franklin Street, Johnstown, Pa. $447.00
. The claimant estimated the weight at 500 pounds.