# Page's Department Store v. Velardi

> Supreme Court of Pennsylvania · October 3, 1975 · 464 Pa. 276

URL: https://www.frixlaw.com/law-library/cases/9751339

## Case

- **Full name:** PAGE’S DEPARTMENT STORE v. Crispino VELARDI, Appellant, and Workmen’s Compensation Appeal Board
- **Court:** Supreme Court of Pennsylvania
- **Decided:** October 3, 1975
- **Citations:** 464 Pa. 276; 346 A.2d 556; 1975 Pa. LEXIS 1063
- **Precedential status:** Published
- **Opinion:** Concurring in part by Roberts
- **Judges:** Jones, Eagen, O'Brien, Roberts, Pomeroy, Nix, Manderino
- **Cited by:** 114 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9751339

## How later opinions describe it (automated extraction)

- explaining that appellate review "should not infer from the absence of a finding on a given point that the question was resolved in favor of the party who prevailed below, for the point may have been overlooked."

## Opinion text

ROBERTS, Justice
(concurring and dissenting).
I agree that the order of the Commonwealth Court should be vacated, but I see no reason to remand the case to the Board.
A claimant under the Workmen’s Compensation Act must prove that he suffered an accident and that the ac *288 cident occurred in the course of his employment. Claimant has done this. There was an additional finding of fact that claimant had suffered a back injury fourteen years earlier. The Board considered this earlier injury too remote to be germane.
If the employer wished to deny liability for the accident by asserting that the injury was caused by the effects of the earlier accident, it was incumbent on it to produce evidence to support such a finding of fact. The employer has not done so. The referee and the Board had evidence of the earlier injury but made no finding of fact that it caused the present injury.
A compensable injury has been established. This conclusion has not been altered by any finding that it was caused by an earlier injury. I can see no reason to allow the employer to attempt again to prove that which he could not at the earlier opportunity.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9751339. Public record. Not legal advice.