# Rose v. Horn & Hardart Baking Co.

> Superior Court of Pennsylvania · March 20, 1969 · 214 Pa. Super. 56

URL: https://www.frixlaw.com/law-library/cases/9765153

## Case

- **Full name:** Rose, Appellant, v. Horn & Hardart Baking Co.
- **Court:** Superior Court of Pennsylvania
- **Decided:** March 20, 1969
- **Citations:** 214 Pa. Super. 56; 251 A.2d 721; 1969 Pa. Super. LEXIS 1368
- **Precedential status:** Published
- **Opinion:** Dissent by Wright
- **Judges:** Wright, Watkins, Montgomery, Jacobs, Hoppman, Spaulding, Hannum
- **Cited by:** 6 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/9765153

## Opinion text

Dissenting Opinion by
Wright, P. J.:
This claimant sustained an accidental injury on April 25, 1959. An open compensation agreement was executed wherein the nature of the injury was described, inter alia, as follows: “herniation interverte *61 bral disc”. On June 22, 1960, the insurance carrier filed a termination petition on the sole ground that claimant had refused to submit to an operation on her back. 1 The effect of this termination petition has been to withhold payment of compensation for over eight years. Since it has been determined that claimant’s refusal to undergo surgery was reasonable, there is no justification whatever for continuing this unconscionable delay. The order of the court below should be forthwith reversed, and the Board’s award reinstated and affirmed.
Watkins, J., joins in this dissenting opinion.
The majority opinion refers to a petition for review on the issue of causal relationship. No petition for review appears in the Board’s docket entries, and no such petition was referred to the Referee. The agreement itself constitutes an admission that claimant’s disability resulted from the injury: Fehr v. Y.M.C.A., Pottsville, 201 Pa. Superior Ct. 107 , 192 A. 2d 143 .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9765153. Public record. Not legal advice.