Hilt v. Roslyn Volunteer Fire Co.
Hilt v. Roslyn Volunteer Fire Co.
Opinion of the Court
Opinion by
This is an appeal from the denial of benefits by the Workmen’s Compensation Board to claimant who
The workmen’s compensation referee made a factual determination that claimant had suffered a myocardial infarction on the day of the incident; nevertheless, he denied benefits to claimant, concluding as a matter of law that there had been no accident within the meaning of the Workmen’s Compensation Act.
In Hamilton, the opinion
In the instant case the Board, although it spoke of the duties of volunteer firemen generally, necessarily applied the individual worker standard. In concluding that Hilt’s collapse following his effort to release the hand brake was not an accident, the Board stated: “We do not believe that these events constituted an excessive work-load. Firemen, including the claimant, are constantly exposed to great physical exertion. The testimony of the claimant only shows a greater effort required to release the brake. It does not establish that the effort was unusual to Ms work generally.” (Emphasis supplied.) Further, the Board concluded: “Doing an occasional act involving sustained muscular effort, though the work is hard, will not support the inference of an accident if the act is of the kind and quality usual to the employment, and normally, part of the workman’s duties. Dolinar v. Pittsburgh Coal Corp., 140 Super. 543 (1940). We do not believe that the incidents related are so unusual as to be excluded from this category.” (Emphasis supplied.) The Court of Common Pleas, likewise, was cognizant of the correct version of the unusual strain rule, and emphasized, citing Pudlosky v. Follmer Trucking Co., supra, that
In this, as in other workmen’s compensation cases, it is not for this Court to weigh or to evaluate the evidence or the inferences that may be drawn therefrom, but only to determine whether the Board’s findings of fact are consistent with each other and with the conclusions of law, and can be sustained without a capricious disregard of competent evidence. See Barber v. Fleming-Raugh, Inc., 208 Pa. Superior Ct. 230, 222 A. 2d 423 (1966); Desiderio v. Penn Fruit Co., Inc., 207 Pa. Superior Ct. 468, 218 A. 2d 602 (1966); McFarlane v. Mellon-Stuart Co., 205 Pa. Superior Ct. 66, 208 A. 2d 40 (1965); Obrzut v. Olyphant Borough, 200 Pa. Superior Ct. 241, 188 A. 2d 764 (1963); Iezzi v. Creamer Construction Co., 200 Pa. Superior Ct. 265, 189 A. 2d 314 (1963). We have reviewed the Board’s findings of fact and conclusions of law, including the claimant’s assertion that the Board and the court below failed to apply the “unusual pathological result” test
Mr. Justice Cohen took no part in the decision of this case.
The Workmen’s Compensation Act of June 2, 1915, P. h. 736, art. Ill, §301 (a), as amended, 77 P.S. §431, provides in part that: “. . . Compensation for personal injury to, or for the death of such employe, by an accident, in the course of his employment, shall be paid in all cases by the employer, without regard to negligence. . . .” [Emphasis added.]
Judge Hoffman filed a dissenting opinion in which Judge Cercone joined.
The opinion was by Mr. Justice Jones, joined by Mr. Justice O’Brien. Mr. Justice Eagen and Mr. Justice Roberts concurred in the result, and Mr. Chief Justice Bell noted a dissent. Mr. Justice Cohen did not participate.
The opinion of Mr. Justice Jones did, however, urge the legislature to undertake a study, not deemed feasible for a court to attempt, of the desirability of a revision in light of the latest medical knowledge. 434 Pa. at 97.
The unusual pathological result test Is stated in Hamilton v. Procon, Inc., supra, 434 Pa. at 94, footnote 2. See also McGowan v. Upper Darby Pet Supply, 207 Pa. Superior Ct. 329, 217 A. 2d 846 (1966), Lingle v. Lingle Coal Co., 203 Pa. Superior Ct. 464, 201 A. 2d 279 (1964).
Dissenting Opinion
Dissenting Opinion
I dissent.
In my view, our Court should follow the lead of courts in other jurisdictions and adopt a more enlightened rule as to what constitutes an “accident.” For
Dissenting Opinion
Dissenting Opinion by
I dissent for the reasons expressed in the dissenting opinion in the Superior Court. See Hilt v. Roslyn Volunteer Fire co., 215 Pa. Superior Ct. 119, 120, 257 A. 2d 72 (1969) (Hoffman and Cercone, JJ., dissenting).
Reference
- Full Case Name
- Hilt, Appellant, v. Roslyn Volunteer Fire Company
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- Published