Mavrinick v. Jones & Laughlin Steel Corp.

Superior Court of Pennsylvania

Mavrinick v. Jones & Laughlin Steel Corp.

38 A.2d 432, 155 Pa. Super. 70, 1944 Pa. Super. LEXIS 470

CourtSuperior Court of Pennsylvania

DecidedApril 28, 1944

DocketAppeal, 76

StatusPublished

This text of 38 A.2d 432 (Mavrinick v. Jones & Laughlin Steel Corp.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Mavrinick v. Jones & Laughlin Steel Corp., 38 A.2d 432, 155 Pa. Super. 70, 1944 Pa. Super. LEXIS 470 (Pa. Ct. App. 1944).

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Opinion

Per Curiam,

The findings. of fact of the referee, affirmed by the Workmen’s Compensation Board and the common pleas upon which an award of compensation for partial disability was made, are not challenged. They establish that between eight and nine o’clock in the morning, June 10, 1941, appellee suffered an accident in the course of his employment as a result of which he developed a right inguinal hernia. He ceased work at about nine o’clock after assisting his buddy to complete the loading of a car. It is conceded that all of the requirements of the proof of a compensable hernia have been met save one; the sole question is whether the *71 fact that appellee did not discover the descent of the hernia until the following morning, which was about twenty-four hours after the accident, compels the denial of compensation for failure to meet the requirement of the Act of 1939 1 that the descent occur “without intervening time” and be noticed “at once.” It is argued that these expressions used in the Act of 1939 manifest an intention on the part of the legislature to require a more strict proof than was required under the earlier Act of 1927. 2

We ruled adversely to this contention in our recent decision in Drumbar v. Jeddo-Highland Coal Co., 155 Pa. Superior Ct. 57, 38 A. 2d 432.

The judgment is affirmed on the authority of that case.

1

Act of June 21, 1939, P. L. 520 Si, added to the Act of June 2, 1915, P. L. 736 art. Ill, §306(h), 77 PS 515.

2

Act pf April 13, 1927, P. L. 186, Sec. 1, adding §306 (g), 77 PS 652.

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Per Curiam,

The findings. of fact of the referee, affirmed by the Workmen’s Compensation Board and the common pleas upon which an award of compensation for partial disability was made, are not challenged. They establish that between eight and nine o’clock in the morning, June 10, 1941, appellee suffered an accident in the course of his employment as a result of which he developed a right inguinal hernia. He ceased work at about nine o’clock after assisting his buddy to complete the loading of a car. It is conceded that all of the requirements of the proof of a compensable hernia have been met save one; the sole question is whether the *71 fact that appellee did not discover the descent of the hernia until the following morning, which was about twenty-four hours after the accident, compels the denial of compensation for failure to meet the requirement of the Act of 1939 1 that the descent occur “without intervening time” and be noticed “at once.” It is argued that these expressions used in the Act of 1939 manifest an intention on the part of the legislature to require a more strict proof than was required under the earlier Act of 1927. 2

We ruled adversely to this contention in our recent decision in Drumbar v. Jeddo-Highland Coal Co., 155 Pa. Superior Ct. 57, 38 A. 2d 432.

The judgment is affirmed on the authority of that case.

1

Act of June 21, 1939, P. L. 520 Si, added to the Act of June 2, 1915, P. L. 736 art. Ill, §306(h), 77 PS 515.

2

Act pf April 13, 1927, P. L. 186, Sec. 1, adding §306 (g), 77 PS 652.

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38 A.2d 432, 155 Pa. Super. 70, 1944 Pa. Super. LEXIS 470, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mavrinick-v-jones-laughlin-steel-corp-pasuperct-1944.

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