Scannella v. Salerno Importing Co.

275 A.2d 907, 2 Pa. Commw. 11, 1971 Pa. Commw. LEXIS 412
CourtCommonwealth Court of Pennsylvania
DecidedApril 13, 1971
StatusPublished
Cited by14 cases

This text of 275 A.2d 907 (Scannella v. Salerno Importing Co.) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Scannella v. Salerno Importing Co., 275 A.2d 907, 2 Pa. Commw. 11, 1971 Pa. Commw. LEXIS 412 (Pa. Ct. App. 1971).

Opinion

Opinion by

Judge Kramer,

This is an appeal from an order of the Court of Common Pleas of Philadelphia County affirming the adjudication of the Workmen’s Compensation Board (Board). The Board affirmed the determination of its referee to dismiss appellant’s fatal claim petition for benefits arising out of the death of her husband, Edward Scannella. The pertinent facts are that Edward Scannella (employee), the deceased husband of [13]*13Philomena Scannella (appellant), was hired as a salesman by the Salerno Importing Company (appellee-employer) on January 20, 1964. The employee’s job entailed traveling in his automobile to the customers of the employer to sell bottled and canned foods. On February 19, 1964, the decedent left for work in good spirits and without any apparent illness but returned home at noon complaining of pains in his chest. On that same date he was taken to the hospital, where he died at 12:17 A.M., February 20, 1964.

An autopsy was performed the day after his death, and the pathologist summarized the cause of death as “acute myocardial infarction.” The autopsy report also discloses associated diagnoses as (1) ventricular rupture, (2) hemopericardium, and (3) essential hypertension.

The appellant presents three arguments on her appeal to this Court seeking a reversal of the court below. First, she states that it was a reversible error of law for the Board to allow into evidence for its consideration statements made by the decedent to medical personnel. These statements were then transcribed onto the hospital records. This evidence was used to impeach the credibility of the appellant-claimant. Second, it is submitted that the Board was guilty of a capricious disregard of competent evidence in misstating the cause of death. Lastly, that the “Unusual Pathological Result Doctrine” should have applied in this case.

In considering the first point of appellant’s argument the record discloses that the appellant attempted to establish that her husband was acting in the course of his duties of employment at the time of his exertion, and that this exertion was the direct cause of his death on February 20, 1964. Appellant testified that at noon of the day her husband became ill, he returned home [14]*14carrying a heavy box containing large cans of food in addition to his sample case. She stated that his complexion was grey, that he complained of pains in his chest, and that he had complained of lifting the heavy box. The appellee in its case presented the entire hospital record, which included three different and separate statements written by a doctor and two interns to the effect that the decedent in describing his symptoms and complaints disclosed that he had experienced pain from “brushing snow off his car”, “after changing a tire this a.m.”, and “after brushing the snow off his car window”. The histories also include statements that the decedent disclosed a history of chest pains during the two years prior to his last and final hospitalization.

The appellee relied upon the hospital record and did not produce any medical testimony. The appellant argues that since the statements contained in the hospital histories are extrajudicial statements, without the benefit of cross-examination, they are hearsay and should have been excluded. It should be noted here that the appellant did not object to the introduction of the hospital records into evidence, but does now object to the use of parts of those records.

In the case of Nesbit v. Vandervort and Curry, 128 Pa. Super. 58, 62, 193 A. 393, 395 (1937), the Court stated: “While awards in workmen’s compensation cases cannot rest wholly on hearsay evidence, . . . the Workmen’s Compensation Law, by its very nature, contemplates liberality in the admission of proofs and the inferences reasonably to be drawn therefrom ... and where the facts are sufficiently established by circumstantial evidence, hearsay testimony, not inconsistent therewith, if relevant and material to the fact in issue . . . may be considered for the additional light, if any, that it throws on the matter.”

[15]*15Furthermore, hospital records are admissible into evidence as an exception to the hearsay rule, under the Uniform Business Records as Evidence Act, Act of May 4, 1939, P. L. 42, 28 P.S. 91(b), and Section 422 of the Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P. L. 736, as amended, 77 P.S. 835. In connection with the competency of an entry in the history contained in the hospital records, the courts have held that the entry relied upon must be pathologically germane to the physical or mental condition which caused the patient to come to the hospital for treatment.

In the case of Commonwealth v. Harris, 351 Pa. 325, 330, 41 A. 2d 688, 691 (1945), although a criminal action, the court there discussed the use of hospital records as relevant evidence, and after citing Section 91(b) of the Business Records Act, supra, stated: “Certainly every Act, condition, or event’ which some hospital physician places in a hospital record does not ipso facto become competent when later an issue is being judicially tried to which such fact would be relevant if proved by competent testimony. The Act of 1939 obviously means that the Act, condition, or event’ recorded in the hospital must be pathologically germane to the physical or mental condition which caused the patient to come to the hospital for treatment.”

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Bluebook (online)
275 A.2d 907, 2 Pa. Commw. 11, 1971 Pa. Commw. LEXIS 412, Counsel Stack Legal Research, https://law.counselstack.com/opinion/scannella-v-salerno-importing-co-pacommwct-1971.