Opinion
March 23, 1962.
June 13, 1962.
Workmen's Compensation — Evidence — Causation — Fracture of femur — Death fifteen months later from pulmonary infarction — Common law marriage — Prior alleged marriage.
1. In a workmen's compensation case, in which it appeared that claimant's decedent sustained a fractured femur of the left leg and was given hospital treatment for several days; that when the fracture did not form a proper union, he was re-admitted to the hospital about a year later, and corrective surgery was performed; that he thereafter remained bedfast in the hospital until he died about three months later; that there was expert medical testimony that the immediate cause of death was a pulmonary infarction, which was due to a pulmonary embolism, which, in turn, was due to the fracture of the femur; and that the court below, holding that the findings of the compensation authorities as to the causal relationship between the accident and the death of the decedent were supported by legally competent evidence, affirmed the award; it was Held that the order of the court below should be affirmed.
2. Defendants' contention that claimant was not the lawful surviving spouse of the decedent was properly Held by the court below to be without merit, where there was sufficient evidence to sustain a finding that claimant and decedent had entered into a common law marriage, and that an alleged prior marriage between claimant and another was void in that the latter was already married at the time of his alleged marriage to claimant.
Before RHODES, P.J., ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ.
Appeals, Nos. 98 and 99, Oct. T., 1962, from order of Court of Common Pleas No. 2 of Philadelphia County, Sept. T., 1961, No. 364, in case of Erline Smith, widow of J.P. Older Smith, deceased, v. Mid-States Equipment Service, Inc. et al. Order affirmed.
Same case in court below: 27 Pa. D. C. 2d 143.
Appeal by defendants from award by Workmen's Compensation Board.
Order entered dismissing appeal and directing judgment for claimant, opinion by SPORKIN, J. Defendants appealed.
Raymond J. Porreca, for appellants.
Robert C. Duffy, for appellee.
Argued March 23, 1962.
The order of the Court of Common Pleas No. 2 of Philadelphia County is affirmed on the opinion of Judge SPORKIN, for the court below, reported at 27 Pa. D. C. 2d 143.