Workmen's Compensation — Accident — Performance of usual heavy work after heavy meal — Heart attack — Unexpected result of work — Ordinary progression of pre-existing condition — Evidence — Expert.
In a workmen's compensation case, in which it appeared that claimant, employed as a laborer, while performing, immediately after a hearty lunch, particularly heavy work, which he had previously regularly performed, suffered a heart attack and collapsed; that claimant had no previous medical history of heart disease; that a physician, who had never examined claimant before the day of his injury, and who was the only expert who testified, testified that claimant had a coronary occlusion with infarction which in the physician's opinion resulted from overexertion, but on cross-examination indicated that the onset of pain while claimant was at work might just as probably be attributed to the ordinary progression of the disease as to any effort, usual or unusual, by claimant; and that the board made an award but the court below concluded that the case should be remitted to the board for further hearing and determination as to whether claimant's occlusion was unexpectedly caused by the claimant's work or whether it was a spontaneous attack occurring in the ordinary progression of claimant's pre-existing condition; it was Held that the order of the court below should be affirmed.
Argued September 22, 1959.
OPINION PER CURIAM, November 11, 1959:
The order of the Court of Common Pleas of Montgomery County is affirmed on the opinion of Judge FORREST for the court below reported at 18 Pa. D. C. 2d 717.