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· 4/17/1911

Reed v. Alta Friendly Society

Citations

  • 46 Pa. Super. 411
  • 1911 Pa. Super. LEXIS 286

Syllabus

<p>Beneficial associations — By-laws—Benefits—“ Usual vocation.”</p> <p>1. A provision in the by-laws of a beneficial association, which entitles a member to benefits when “disqualified from attending to his usual vocation or other employment or occupation,” is not to be construed as requiring a member to aver and prove, in order to be entitled to benefits, that he was disqualified from attending to his usual vocation and all other occupations.</p> <p>2. The words of such a by-law create two classes who may be entitled to benefits, those who have a usual vocation and are disqualified from attending to it, and those who, having no regular vocation are disqualified from attending to any employment.</p> <p>3. Where the by-laws of a beneficial association make a distinction between disability arising from disease, and disability arising from accident, and provide that no member shall be entitled to benefits for any accident unless it be severe enough to visibly and actually disable him, and also provide that when a member shall be able to leave the house he shall not be entitled to receive benefits, the latter provision applies to disability arising from disease, and a member claiming benefits for a broken wrist will not be required to aver and prove that he was not able to leave his house during the period for which he claimed benefits.</p>

Judges: Beaver, Head, Henderson, Morrison, Orlad, Porter, Rice

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