Sacks v. J. L. Freed & Sons

18 Pa. D. & C.2d 717, 1959 Pa. Dist. & Cnty. Dec. LEXIS 225
CourtPennsylvania Court of Common Pleas, Montgomery County
DecidedJune 29, 1959
Docketno. 56
StatusPublished
Cited by1 cases

This text of 18 Pa. D. & C.2d 717 (Sacks v. J. L. Freed & Sons) is published on Counsel Stack Legal Research, covering Pennsylvania Court of Common Pleas, Montgomery County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sacks v. J. L. Freed & Sons, 18 Pa. D. & C.2d 717, 1959 Pa. Dist. & Cnty. Dec. LEXIS 225 (Pa. Super. Ct. 1959).

Opinion

Forrest, J.,

This is an appeal by a defendant from the decision of the Workmen’s Compensation Board which amended 'Some of the referee’s findings of fact and conclusions of law, but affirmed his award of compensation. Defendant has filed exceptions which assign the following as error: (1) Finding that immediately before the alleged accident, claimant had just consumed a heavy noonday meal, that claimant had inhaled fumes the morning before he carried certain tubs out of a basement; (2) that claimant’s coronary infarction was superinduced by claimant’s overexertion following a heavy meal; (3) that claimant’s disability was the result of an “incident” at work; (4) the conclusion of law that since claimant’s disability resulted from the “occurrence” at work, he is entitled to compensation; (5) the affirmance of the referee’s award, and (6) the dismissal of the appeal from the referee to the board.

Claimant, Woodrow W. Sacks, for five years prior to and including December 11, 1957, was employed by defendant, J. L. Freed & Sons, automobile dealers, as an ordinary laborer. His work consisted of cleaning cars and other manual labor which he was requested to perform in and about the garage and showroom of the employer. During the morning of December 11, 1957, he worked in a supply or paint room. He ate a hearty lunch, as was his custom. Immediately thereafter he and a fellow employe loaded ashes in cans and carried two loads weighing 60 to 120 pounds each up a narrow step stairway and put them on a truck. Claimant had [719]*719performed this particular kind of work under precisely similar circumstances approximately every three weeks during all the years of his employment at Freed’s. There were usually about eight cans to be carried out. Claimant had never previously done this particular work immediately after lunch. While carrying the third load upstairs claimant felt a pain. He had not previously fallen, slipped or tripped. He walked downstairs and thereupon fainted.

Dr. Paul L. Bradford was summoned. He had a cardiogram made on December 13, 1957. This'showed “a slight, very slight,' heart enlargement.” Dr. Bradford arranged for claimant to go to North Penn Hospital and claimant was a patient there from December 15, 1957, to January 4,1958. He was then 47 years of age, and had performed hard manual labor during his entire manhood until the incident of December 11, 1957, without awareness of any symptoms of heart disease and without any medical history of heart disease.

The hospital records contain a history taken and diagnosis made by Dr. Bradford. They show that claimant ' collapsed “after severe effort following heavy meal,” that he has a valvular heart disease with some coronary insufficiency and that he has experienced “easier fatigue and shortness (of) breath for past 2-3 months,” and that the doctor’s primary diagnosis of the claimant was: Myocardial inf arcti on (process leading to development of necrosis of muscular tissue of heart) due to coronary artery thrombosis (formation of clot of blood in coronary arteries of the heart), valvular heart disease, mitral insufficiency (pertaining to arterioventricular valve of - left side of heart), and aortic stenosis (narrowing of the aortci orifice at the base of the heart, or a narrowing of the aorta itself).

Hospital records are admissible “as evidence of medical and surgical matters therein stated”: The Pennsylvania Workmen’s Compensation Act of June [720]*72021, 1939, P. L. 520, as amended, 77 PS §835, but “they are not admissible to prove the happening of an accident. . . . Frequently these hospital records contain a history of the case wherein the patient on entry to the hospital claims that he sustained the injuries in a certain manner at a certain time and place. Such statements would clearly be self-serving if used later in a claim for compensation and would be inadmissible because hearsay and not part of the res gestae”: 2 Skinner, Pennsylvania Workmen’s Compensation Law, p. 730. Claimant was competent to testify as to his experience with fumes, but he did not testify about this. The testimony of Dr. Bradford on this subject was not only pure hearsay but somewhat contradictory.

The decisive question in this case is whether the “incident” or “occurrence” which disabled the claimant was an accident within the meaning of The Pennsylvania Workmen’s Compensation Act.

“The word accident — as used in the act — must be interpreted in its usual, ordinary, popular sense. Webster has defined it as ‘an event that takes place without one’s foresight or expectation; an undesigned, sudden, and unexpected event; chance, contingency.’ . . . That which distinguishes an accident from other events is the element of being unforeseen; an accident is an occurrence which proceeds from an unknown cause, or which is an unusual effect of a known cause, and hence unexpected and unforseen.. ..”: Lacey v. Washburn & Williams Co., 309 Pa. 574, 577, 578 (1933); Adamchick v. Wyoming Valley Collieries Company, 332 Pa. 401, 409, 410 (1938).

“. . . disability of a normal, healthy workman, with no physical weakness, other than is common to all men, may be compensable though the result of muscular strain or internal lesion in the performance of ordinary manual labor usual to the employe’s work”: [721]*721Rovere v. Interstate Cemetery Co., Inc., 164 Pa. Superior Ct. 233, 237 (1949), quoted in Gammaitoni v. Gasparini Excavating Company, 185 Pa. Superior Ct. 643, 647 (1958).

The foregoing principles have been applied in heart cases. Thus, in Witt v. Witt’s Food Market, 122 Pa. Superior Ct. 557 (1936), an award was sustained on a finding .of an accident which damaged claimant’s heart. At the time he was “well and healthy” and injury resulted from strain in lifting a quarter of beef in the course of his usual work. In Buck v. Arndt, 153 Pa. Superior Ct. 632 (1943), claimant’s heart was in sound condition up to the time of the accident, which consisted of strain of the heart muscles brought about by lifting an ordinary piece .of lumber over claimant’s head. This was done in the usual way, but claimant felt such pain that he had to cease work immediately. The Superior Court in sustaining an award stated, page 634: “The right to compensation for an unexpected injury caused by the performance by the employee of his usual work in the usual manner is clear . . . the controlling question of law is whether there is evidence sufficient in quantity and quality to support findings that the injury resulted from the performance of the work and was unforeseen and unexpected.”

Dr. Bradford on December 11, 1957, examined claimant and detected heart murmur. A cardiograph indicated left ventricular stress. X-ray indicated a slight heart enlargement. In response to leading questions propounded by the referee, the doctor testified that claimant had a coronary occlusion with infarction which, in his opinion, resulted from overexertion on December 11,1957. However, on cross-examination he testified:

“Q. Isn’t it more likely that the attack was spontaneous due to the progression of his condition?”

[722]*722“A. I don’t know, because I hadn’t seen the man; ... he never had a previous cardiogram taken.”

“Q. It could be spontaneous?”

“A. Yes; and I have had people come in who have had normal cardiogram and a week later had a coronary . . .”

“Q. And you have had them where there has been no effort — without them doing anything at the time?”

“A. Yes.”

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Related

Sacks v. J. L. Freed & Sons
156 A.2d 187 (Superior Court of Pennsylvania, 1959)

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Bluebook (online)
18 Pa. D. & C.2d 717, 1959 Pa. Dist. & Cnty. Dec. LEXIS 225, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sacks-v-j-l-freed-sons-pactcomplmontgo-1959.