Neary v. Philadelphia Coal & Iron Co.

Citations

• 264 Pa. 221
• 107 A. 696
• 1919 Pa. LEXIS 622

Syllabus

<p>Workmen’s compensation — Medical services — Refusal of medical services — Change of physicians — Injury — Violence to physical structure of hody — Act of June 2,1915, P. L. 736.</p> <p>1. The words “shown to have resulted from such refusal” in paragraph E of Section 306, of the Workmen’s Compensation Act of June 2, 1915, P. L. 736, modify the preceding word “injury” as well as the preceding word “increase” so as not to deprive the claimant of all compensation for his refusal to accept medical services from his employer, hut only of compensation for injury or increase of incapacity caused by the refusal to accept medical assistance. The mere fact that the claimant has dismissed a physician engaged by his employer, and engaged another, will not deprive him absolutely of all compensation for his injuries.</p> <p>2. The fact that section 301 of the act provides that the terms “injury” and “personal injury” as used in the act should be construed to mean only violence to the physical structure of the body, and such disease or infection as naturally results therefrom, does not change the construction.</p> <p>3. Malpractice may constitute a violence to the physical structure of the body, and disease or infection may naturally result from refusal to accept the reasonable surgical or medical services tendered to an injured employee.</p>