Opinion

Morgan v. Giant Markets, Inc.

  • 483 Pa. 421
  • 397 A.2d 415
  • 1979 Pa. LEXIS 433
Court
Supreme Court of Pennsylvania
Filed
Jan 24, 1979
Status
Published
Author
Eagen
On the bench
Eagen, Roberts, Nix, Manderino, Larsen, O'Brien, Pomeroy, Former
Cited by
49 cases
Authority
More cited than 9.7%

obvious causal connection exists when claimant experiences severe pain and feelings of paralysis after attempting to unload baking equipment from a truck

How later courts described this case

  • obvious causal connection exists when claimant experiences severe pain and feelings of paralysis after attempting to unload baking equipment from a truck
  • medical testimony not required where the relationship between the work incident and injury is obvious
  • pain in back while attempting to unload a stack of bakery pans from a truck

Written by the judges who cited it.

The opinion

EAGEN, Chief Justice,

dissenting.

I dissent.

An award of workmen’s compensation may not be made where there is no obvious causal connection between the work incident and the injury unless causation is established by unequivocal medical testimony. Munns v. Easthome Furniture Industries, Inc., 193 Pa.Super. 61 , 164 A.2d 30 (1960); Montgomery Mills Co. v. Workmen’s Compensation Appeal Board, 26 Pa.Cmwlth. 471 , 364 A.2d 508 (1976); Workmen’s Compensation Appeal Board v. Czepurnyj, 20 Pa.Cmwlth. 305 , 340 A.2d 915 (1975).

The circumstances surrounding the incident do not establish an obvious causal relationship between the work inci *425 dent and the injury. It was, therefore, incumbent upon claimant to establish the causal connection by unequivocal medical testimony. This he failed to do although he claims to have been treated by an orthopedic surgeon for months.

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.

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