Jackson v. Filler
Jackson v. Filler
Opinion of the Court
Opinion by
This is a claim for Workmen’s Compensation benefits growing out of decedent’s death in a fire which destroyed the hotel in which he was living in Chester, Pennsylvania, on March 27, 1966. Much earlier, on October 3, 1963, decedent, then employed as a laborer by appellee, Frank Filler, suffered a compensable injury that resulted in the paralysis of his left side. He was awarded total disability compensation which he was receiving at the time of Ms death.
The uncontradicted evidence clearly establishes that the decedent had lived in this hotel for at least
Appellant relies heavily on the cases of Marshall v. City of Pittsburgh, 119 Pa. Superior Ct. 189, 180 A. 733 (1935) and Gower v. Mackes, 184 Pa. Superior Ct. 41, 132 A. 2d 880 (1957). In both of these cases, the employee suffered a compensable knee injury. Later he suffered a second injury when the injured knee did not support him. Unfortunately for appellant’s position, in Marshall, both the Referee and the Board found for the claimant, and in Gower, the Board found for the claimant, reversing the Referee. In both cases, the lower court and the Superior Court affirmed the Board’s decision on the well-established principle that the Board’s findings, when based on competent evidence, will not be reversed. On this basis, the very cases relied upon by appellant compel us to affirm the decision of the Referee, the Board, and the court be
The Referee, the Board, and the court below also ruled against claimant on the grounds that it was not established that the children for whom benefits were claimed were eligible. Inasmuch as we affirm on the basis set forth above, it is not necessary to discuss or pass upon this aspect of the case.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.