Opinion
Argued February 4, 1980
March 31, 1980.
Workmen's compensation — Heart attack — Causation — The Pennsylvania Workmen's Compensation Act, Act 1915, June 2, P.L. 736 — Lead poisoning — Medical evidence.
1. Under The Pennsylvania Workmen's Compensation Act, Act 1915, June 2, P.L. 736, death from an occupational disease is not compensable unless the claimant establishes by medical evidence that death resulted from such disease, not merely that the disease was a contributing factor, and death by an employe from a heart attack is not compensable merely because lead poisoning incurred in employment may have been one of several afflictions from which the decedent suffered and which increased his susceptibility to heart attack. [280-1]
Argued February 4, 1980, before Judges ROGERS, BLATT and WILLIAMS, JR., sitting as a panel of three.
Appeal, No. 2943 C.D. 1978, from the Order of the Workmen's Compensation Appeal Board in case of Lossie Manuel, widow of Ester Manuel, deceased v. N. L. Industries, Industrial Chemical Division and Commonwealth of Pennsylvania, No. A-75337.
Petition with the Department of Labor and Industry for workmen's compensation benefits. Death benefits awarded. Employer appealed to the Workmen's Compensation Appeal Board. Benefits denied. Petitioner appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Robert S. Robbins, for appellant.
David L. Pennington, of Harvey, Pennington, Herting Renneisen, Ltd., for appellee.
Lossie Manuel (claimant) appeals here from an order of the Workmen's Compensation Appeal Board (Board) which reversed a referee's finding that the death of her husband, Ester B. Manuel (decedent), resulted from an occupational disease within the meaning of Section 301(c)(2) of The Pennsylvania Workmen's Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P. S. § 411(2).
The decedent died in 1975, and the claimant thereafter filed a claim petition alleging that his death resulted from an occupational disease, lead poisoning, contracted while he was employed by N. L. Industries (employer). At The hearing before the referee, it was established that the immediate cause of death was a heart attack. There was also competent medical evidence that the decedent had lead poisoning and that it had some role in causing his death. Concluding that the lead poisoning "contributed to and accelerated" the decedent's death, the referee awarded benefits. The employer appealed to the Board, which reversed, holding that the claimant had not shown by unequivocal medical evidence that the lead poisoning had resulted in the decedent's death.
In Consolidation Coal Co. v. Workmen's Compensation Appeal Board, 37 Pa. Commw. 412, 422, 391 A.2d 14, 19 (1978), we held "that the Act requires medical evidence to be presented which establishes that a, claimant's death resulted from an occupational disease, not simply that the disease was a contributing factor." (Emphasis in original.) Here, the claimant's medical testimony established, at best, that lead poisoning was one of several afflictions, including diabetes and tuberculosis, which weakened the decedent to the point at which he was susceptible to a heart attack. We must agree with the Board that this evidence is insufficient to establish the required causal connection between the decedent's occupational disease and his death.
The claimant's medical witness did testify that, in his opinion, the decedent's life was shortened because the lead poisoning had decreased his resistance. On cross-examination, however, he admitted that "this is a matter of conjecture on my part."
Therefore, the order of the Board will be affirmed.
ORDER
AND NOW, this 31st day of March, 1980, the order of the Workmen's Compensation Appeal Board in the above-captioned matter is hereby affirmed.
President Judge BOWMAN did not participate in the decision in this case.