HURCHICK v. FALLS TWP. BD. OF SUPERVISORS

Workmen's Compensation — Termination of compensation agreement — Burden of proof — Evidence — Continuing disability resulting from condition caused by myelogram — Finding that myelogram was performed for reasons unrelated to original injury.

In a workmen's compensation case, in which it appeared that claimant was injured when he fell from a ladder, fracturing the transverse processes of two vertebrae on the right side of the lumbar spine, and a compensation agreement was entered into for total disability; that defendant-carrier filed a termination petition, alleging that claimant's disability had ended; that the Workmen's Compensation Board found that claimant was still suffering from partial disability, but that this continuing partial disability was due to aggravation of a spinal cyst (which had resulted from a congenital defect) precipitated by an exploratory myelogram performed by claimant's physician some eighteen months after the accident for reasons unrelated to claimant's accident, and terminated the agreement; that there was testimony of claimant's physician that the myelogram was performed by him to ascertain the cause of symptoms of which claimant complained, some and perhaps all of which related to the original accident; and that the court below, finding that there was no evidence to support the finding of the board that the operation was performed for reasons unrelated to the accident, and holding that as a general rule a subsequent aggravation or new injury resulting from medical treatment or surgery for the original injury is attributable to the original accident even in cases of mistaken diagnosis, unnecessary operation, and negligence in treatment, set aside the findings and conclusions of the board in part and remanded the record for further proceedings; it was Held that the order of the court below should be affirmed.

Argued September 13, 1963.