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44 Pa. Commw. 485

Linkiewicz v. Commonwealth

Commonwealth Court of Pennsylvania · decided 1979-07-27

Cited by 3 later decisions — most recently August 1981

3 state decisions

Key passage — most relied on by later courts

“In Morgan , the Court held that [wjhere one is doing an act that requires force or strain and pain is experienced at the point of force or strain, the injury may be found to have been established. Pain is an excellent symptom of an injury. Of course, the trier of fact will determine the credibility of the witness’s testimony as to the total situation. We, therefore, find substantial competent evidence in the record to support the conclusion of the Workmen’s Compensation Board of Appeals, that the above facts establish a causal connection between the work incident and appellant’s injury.”

quoted by 1 later decision, including Vulcan Materials Co. v. Commonwealth

Relies on Morgan v. Giant Markets, Inc. · 19 Pa. Commw. 605 - Workmen's Compensation Appeal Board of the Commonwealth v. State Workmen's Insurance Fund

Good law ✅— No negative treatment on recordhow we know

Decided 1979-07-27

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¶1Dissenting Opinion by

Judge Blatt :

¶2I must respectfully dissent.

¶3In Morgan v. Giant Markets, Inc., Pa. , 397 A.2d 415 (1979), where causal connection was not established by medical testimony, our Supreme Court declared:

Where one is doing an act that requires force or strain and pain is experienced at the point of force or strain, the injury may be found to have been established. Pain is an excellent symptom of injury.
Pa. at , 397 A.2d at 416.

¶4It seems to me that the facts of the instant case fall within this rule and thus constitute substantial evidence to support the referee’s finding of a causal connection. Moreover, the doctor’s testimony, which the *489majority thinks precludes recovery, suggests to me that the claimant’s work may have aggravated a preexisting condition, which would not, of course, defeat her right to compensation. Workmen’s Compensation Appeal Board v. State Workmen’s Insurance Fund, 19 Pa. Commonwealth Ct. 605, 339 A.2d 158 (1975).

¶5I would therefore reverse the Board and reinstate the decision of the referee.

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