Gallagher v. Hudson Coal Co.
Decision Date | 15 April 1935 |
Docket Number | 22-1935 |
Citation | 178 A. 161,117 Pa.Super. 480 |
Parties | Gallagher v. Hudson Coal Company, Appellant |
Court | Pennsylvania Superior Court |
Argued March 5, 1935
Appeal by defendant from judgment of C. P., Lackawanna County, March T., 1934, No. 574, in the case of Peter Gallagher v. The Hudson Coal Company.
Appeal from order of Board of Workmen's Compensation, affirming award of referee.
The facts are stated in the opinion of the Superior Court.
Order of board affirmed and judgment entered for claimant, in opinion by Leach, J. Defendant appealed.
Error assigned, among others, was judgment.
Affirmed.
Rudolph S. Houck, John P. Kelly, and Thomas L. Ennis, for appellant.
Roger J. Dever, for appellee.
Before Keller, P. J., Cunningham, Baldrige, Stadtfeld, Parker, James and Rhodes, JJ.
On May 11, 1932, the claimant, while in the course of his employment with the defendant, fell and broke the knee-cap of his right knee, near the lower end. The broken fragment was fastened to the rest of the kneecap with a silver wire and apparently healed. A compensation agreement was entered into for total disability beginning May 19, 1932, for an indeterminate period. He was paid compensation until October 16, 1932, when he signed a final receipt. The defendant had no work for him and on January 16, 1933, he went to work as an inside laborer for South Penn Collieries Co. In the meantime, in December 1932, his injured knee began troubling him. On January 26, 1933, while working for South Penn Collieries Co. his injured knee gave way, while he was walking, and he fell, pus coming out immediately from the place where he had been hurt. On consulting a surgeon who specialized in bone and joint surgery, the latter found that the knee was swollen and there was a small wound from which fluid was discharging. He sent claimant to a hospital until the wound healed up and then had an X-ray taken, after which he operated on the knee and found a large amount of clotted blood in the joint; the knee capsule was rent across and the knee-cap ligament stripped off the lower end of the knee-cap. He made an artificial ligament by taking half of claimant's heel cord or tendon of Achilles, and grafted it to the bone. A hole was bored on each side of the knee-cap and the ligament was threaded through that and then holes were bored in the tibia and the ligament was threaded through that and fastened in what remained of the knee-cap tendon, which gave him "a pretty good leg."
The surgeon, who performed the second operation, testified that claimant would not have had the second injury if he had not had the first; that the first injury weakened the tissues about the knee-cap; that, in his judgment, a certain amount of degeneration set in and that the circulation was not as good as...
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... ... subsequent injuries to the same portion of the body ... Gallagher v. Hudson Coal Co., 117 Pa.Super. 480, 178 ... A. 161 (1935); Carey v. Wiedlandt & Co., 100 ... ...
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Halaski v. Hilton Hotel
...later injuries, this jurisdiction awards compensation for subsequent injuries to the same portion of the body. Gallagher v. Hudson Coal Co., 117 Pa.Super. 480, 178 A. 161 (1935); Carey v. Wiedlandt & Co., 100 Pa.Super. 220 (1930). Thus, if the March 8, 1976 injury aggravated the pre-existin......
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...209 Pa. 430, 58 A. 807; Bender v. Welsh, 344 Pa. 392, 25 A.2d 182; Todd v. Bercini, 371 Pa. 605, 92 A.2d 538; Gallagher v. Hudson Coal Company, 117 Pa.Super. 480, 178 A. 161. The testimony as to the second injury is most meager. If what happened to plaintiff while attending a call of nature......
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