Opinion

Giordano v. Ralph J. Bianco, Inc.

  • 204 Pa. Super. 219
  • 203 A.2d 396
  • 1964 Pa. Super. LEXIS 571
Court
Superior Court of Pennsylvania
Filed
Sep 17, 1964
Status
Published
Author
Wright
On the bench
Ervin, Wright, Woodside, Watkins, Montgomery, Flood
Cited by
7 cases

The opinion

Dissenting Opinion bv

Wright, J.:

I see no need to remand this case to the Board for further proceedings. Whether or not the testimony of *225 claimant and her daughter was admissible, and even if we assume the happening of an accident, it does not require a finding that the subsequent myocardial infarction was causally connected. On this controlling issue the testimony of claimant’s medical witness, Dr. Mintz, was manifestly unconvincing. If decedent had an accident, it did not prevent him from continuing his employment. He collapsed while at work six days later. The record shows a previous heart condition. Dr. Castiglioni, who signed the death certificate, testified that it was a natural death. The employer’s medical witness, Dr. Spelman, testified persuasively that there was no causal connection with any prior accident. It is my view that the Board did not err in holding that claimant had failed to sustain her burden of proof. I would affirm the order of the court below.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.