Opinion
December 8, 1941.
January 30, 1942.
Workmen's compensation — Accident — Hernia — Evidence — Act of April 13, 1927, P.L. 186.
1. In a workmen's compensation case, in which it appeared that while claimant, as a part of his regular work, was carrying a heavy roll of cloth, he felt pain in his right side and suffered an "incomplete hernia" it was held on appeal that there was no compensable accident because there was no evidence of "sudden effort or severe strain" as required by section 306 (g) of the Act of April 13, 1927, P.L. 186.
2. Adamchick v. Wyoming Valley Collieries, 332 Pa. 401, and Crispin v. Leedom Worrall Co., 341 Pa. 325, held controlling.
Appeal, No. 312, Oct. T., 1940, from order of C.P. Northampton Co., Sept. T., 1938, No. 37, in case of Charles Reibman v. Colonial Manufacturing Company et al.
Before KELLER, P.J., CUNNINGHAM, BALDRIGE, STADTFELD, RHODES, HIRT and KENWORTHEY, JJ. Appeal dismissed.
Appeal by claimant from decision of Workmen's Compensation Board refusing award.
The facts are stated in the opinion of the Superior Court.
Appeal refused and decision of board affirmed, opinion by LAUB, J. Claimant appealed.
Errors assigned, among others, related to the action of the court below in overruling claimant's exceptions.
Nathan L. Reibman, for appellant.
Herbert A. Barton, of Swartz, Campbell Henry, with him David B. Skillman, for appellee.
Argued December 8, 1941.
In this workmen's compensation case the referee disallowed compensation; the board and the court of common pleas affirmed. Claimant has appealed.
Claimant testified that on March 30, 1937, he was carrying on his shoulder a roll of cloth about six feet long and one foot in diameter, weighing about one hundred pounds, when he felt pain in his right side. There was nothing to indicate he was doing anything unusual; carrying such rolls was a part of his regular work. He put down the roll and reported the occurrence to his employer, who sent him home, and that evening he went to his physician. The physician testified he found a widening or relaxation of the inguinal ring in the right side allowing the insertion of his finger into the inguinal canal three-quarters of an inch, and the "cough impulse" was present. He made a diagnosis of "incomplete hernia." Claimant also testified immediately after the occurrence he felt a small lump, but his physician found no evidence of descent.
In our opinion the other questions raised by this appeal need not be considered because we are bound to rule there was no compensable accident on the authority of the decisions of the Supreme Court in Adamchick v. Wyoming Valley Collieries, 332 Pa. 401, 3 A.2d 377, and Crispin v. Leedom Worrall Co., 341 Pa. 325, 19 A.2d 400, and because there was no evidence of "sudden effort or severe strain," required by Sec. 306(g), Act of April 13, 1927, P.L. 186.
This act was repealed by the Act of June 4, 1937, P.L. 1552, Sec. 306(g) and 506, but the Repealing Act did not take effect until January 1, 1938, which was subsequent to the date of the accident.
Appeal dismissed.