Clark v. Lehigh Valley Coal Co.

Citations

• 264 Pa. 529
• 107 A. 858
• 1919 Pa. LEXIS 693

Syllabus

<p>Workmen’s compensation — Referee’s findings — Jurisdiction of Workmen’s Compensation Board — Evidence—Death — Accidental violence to physical structure of the body — Disease.</p> <p>1. Under the Pennsylvania Workmen’s Compensation Act of June 2,1915, P. L. 736, an injury resulting in death, need not arise out of or be due to, the workmen’s employment; it is sufficient if it happens in course thereof.</p> <p>2. Where a workman dies in the course of his employment from a rupture of the aorta caused by “an extra effort in vomiting,” the rupture itself would constitute an accidental violence to the physical structure of the body within the broad meaning of that term as defined by the courts.</p> <p>3. If death comes during the course of employment, in an ordinary way natural to the progress of a disease with which one is afflicted, and with which he was stricken before the accident, there can be no recovery; but if the death is brought about by an injury due to some mishap, or accident, happening during the course of his employment, the fact that deceased had a chronic .ailment which rendered him more susceptible to such an injury than an ordinary person would be, will not defeat the right to compensation.</p> <p>4. Where a referee finds that a miner died in the course of his employment, from a rupture of the aorta “caused by an extra effort in vomiting,” such finding will support an award in favor of the claimant, and it cannot be set aside by the Workmen’s Compensation Hoard, without a hearing de novo.</p> <p>5. In such a case the question is not as to the existence of evidence, which in the opinion of the board would justify it in connecting the vomiting with the death, but was there any evidence which, within the bounds of reason, possibly could be held to sustain the referee’s findings connecting the vomiting with the death ? If such evidence appeared, then, albeit the board, on a hearing de novo, might draw other inferences therefrom, and reach conclusions diff