Document Gzm0rLRGx9bpQbNXDmJQ2GgDx

GEORGE H. OETWSILER CHARLES W. SWESNE'f SrLVlA E. DETWEILER ROBERT A.DETWEILER LAW OFFICES GEORGE H. DETWEILER 2518-27 LEWLS TOWER I5TH 5 LOCUST STREETS PHILADELPHIA June 23, 1943 Dr. Bober t H. Kehoe, Kettering Laboratory, College of Medicine, University of Cincinnati, Cincinnati, Ohio. Dear Dr. Kehoe I know that you are alv/ays interested in the results of cases in which you have testified. Enclosed is copy of my brief used in the Court of Common Pleas of Schuylkill County, which please return to me after you have read it. A copy of the opinion of the court, also deciding in our favor, is enclosed. I also enclose a copy of the opinion of -the Board, reversing the action of Ihe referee and deciding in our favor. This I need returned to me for use in the case. Senator Staudenmeier, for the plaintiff, tried to induce the court to send the record back to take the testimony of what we call in Pennsylvania an impartial expert. I answered that the defendant had combed the nation for the most experienced man in this vrork, and had brought that man across tvo states, to testify in the case, and that if the matter were sent back to find the most expert man living to give an opinion on the subject, that would be the man whose opinion would be sought. in mm mim o f cotaHApiaas, o f scmmatm camrz 5 Uoi:"S5 flay fs-rci* HM t* Uclaren Auto Supply otore* defendant, and BAMFP,3 inn^ruTA'r rnonAiics GDIF'Airr, Iiirironca carries* t Appeal and Ssxseptipns from the . action of the Wo^cssn** f - (kssg^nsstion Board* % t Before? T^liaery. p* jr* CKirran*.: FsiiX t Dalton* if ` ` `,' 4- v mmrn^^ m.ms mmm Palsev P* l?*: , 3he. claimant cMployed fey tSs&eapm Auto Supply stores* Sis employment rormistsd la selling autoaaobile *osserls% and in , peabiog gaaolin#,*,' -H sp?xied- far - -ee^essatlon- ws$x& tfea Q^ypsMmml Disease. dotps&ssjl&oa. Afefe f XS39*, snwsiSaag in. |sis .ptitioa that he suffered disability'm & restsIt:or 1ml potocm|jig eoatrseted- i&iS20 - pursuing. duties ih Ol^sttMs^^solino* ' .Shs* mat wedic&l testimony offferoii fey the c&almnt to *%pcg?t: ,the mwmmsstfe. in Mb petition* and there tms motes! m3mm offered by the defendant in 1hroa* fh moWMm*-n Ctonjpcnaotioss Board ease to. the ecnelusieabthat the tosttncoy of the claljasist. a*se not nurrsait .finding l&at clalrsast * a diaability is. 'Hi result' of lead poisoning* On the Oontrcstv ec are of the pinion that eiaiciant cot e3poaed to lead pedalling* * .'. , .... In PlsRaher*, Ap*.t v* Atw*rea3t: ^isooss tkcporstloiv. 147 Bs*.^.' Superior Ct* 372* the ^Qurt seid on. page; Bao*;- 38X|; - - ' '*'? ^The Pennsylvania Cecupatlonal Sissaso Act of 1939.*...Hies its' prototypes* the Uorfemen's Oospensation Act and the thcup&tioRaX Disease Cocponaatlcn Act of lDc-7* Echos the Bferl&msri1 s Oosp^isatSoni...'.'. Board Sis ultimate fact finding body (sections 418*. 433 and 43?)* s ubjeet only to- review fey the courts as to uhethar its finding* 4t fact *z*,sustafia fey ir^floient*, eeopeten$ svMoitss* and it* to- -.:.mA radical_<j&otioise of- foot*. to the provision (oso*. 4S3) -that tfes's - WfCEa8rix* Ck^pettsation Board shall accept the findings of the ss^tsadf teml as oomftuaiTe^ upon it* Until 'tfeere. is a aedicaX feoss^d ' fisiclficniing imder the act* this protlso or exception is in afesyssiG^. and the yorfeien^e Cozrneneation dbeord can wrcce-^ as if tli? wm-' no m&k provision in the act*, and make its finding* of ffeet *113S the aam force and effect a* if tlie provision cited from section 423 did not exlat* flic general autfeorll^ conferred by the-act is not v* affects fey t!i ^mUfying provision inspecting a mmMaxistent fesard** Without reciting the testieioay of the asdicsal esoerta. ue or*' or the opiiiion upep reading all the testimony*, ttot ^tero can fee no question that the finding of the board is sustained fey sufficient competent Zidanes* .. "' 0016326 N19265.01 laDsaarra mmmtiKX <3$&KRZ, mssMt* % BMmm 'Falser*, f * y* mms% VmA ana. Dalton, aa KB . , opxiitoif or ggg goner Daisier, *'** \ .. 9he eEtaimat yj eftmloyed by t&Icrea Auto Supply Stores* El*cmploymcmt consisted In selling automobile accessories, and in die* censing gasoline* He sp-plled for* compensation, under the Occupational Disease Coaaensatloa Act* of 1039* cr/asslng In his petition that he suffered disability os a result of lm5. poisoning contracted "MZe pursuing duties necessitating the atSBcnninf^/odrollJie# 2hors '.ms nodical testimony offered fcy the claimant to support ?li3 av*?rn?nt in his petition* and tSSrre mas nodical evidenc# offered by the defendant in contradiotlon thereto* The Horkami'a 0o.-^>c3isaticn Board ccae to the the testimony of the claimant "does act rxaraant a finding- 'Ifca* olalmagst. *p- disability Is the result of load poisoning# On the om^ory,.* tie ere of tb opinion that claimant was not esposed to lead ' pOlSCBldliS^w , .. Xn Fla?.ar>firv Ac., v*- 147 Ps* ,w.fks%p&r$&o%:' Superior 0t 372* l&o Court- said -on. paces 5B0^- S8&4; fffhe Pesmsylvanla QommLWm^. DiseaseAct of 1839*. like its; prototypes, the v/orkBen* s Corpensstlon Act and the '-ompational Disease Carenaction Act of 1037* .makes the '/erkmen* (km&mmt&om Board the ultimate fact finding body (sections 4IS, 433 and 427), subject only to review by the courts ns to dheth$r Ita fth&thgs of; fact are sustained by sufficient, m?sSt evidence,. and .as to : se^toal qaoreiom of foot#, to tho provision (see. 423),. that tbe-f. TMorkmaiTo Compensation Board shall accept the findings of the medical hoard'as conclusive upon it* Hnt.Il there Is a nodical board v,'^- functioning inner the act, this proviso or exception is in and the fork-san* Compensation Board con proceed as If there. iw';., no isuelx provision Ir* the act, and make its findings of fact with the sane force and effect as if the prevision cited from section 423 did. not exist* Hie general authority conferred by the act is not affected by the <saa3iyig provision inspecting a aczKcnd&toftt boardi.* without reciting the testimony of the medical everts, t?e arc of tho opinion iipop leading all the testimony* their ther can be no question that the finding of the board is -sustained by sufficient , -a competent evidence* AJID_ 110'f* June 21, 29&3,.th# action of 1&h s CknEpmsafioit Board is affirmed, and the exceptions of the olalmsat* dissl sseii, and Judgment is directed to be entered for the defendants. Bf'2833 OODHf irtJ# - JW21, 2043, upon action of Chaa&wi 1?* Stmidenmsier* fesg* , attorney for claimant, an exception is allows and bin sealed* 001632? 'J m mm coimx mim GEORGE H DETWEILER CHARLES W. SWEENEY SYLVIA . DETWEILER ROBERT A D'ETWE I'LE R LAW OFFICES GEORGE H. DETWEILER 2516-27 LEWIS TOWER I5TH X LOCUST STREETS PHILADELPHIA March 4, 1943 Dr. Robert H. Kehoe, Kettering Laboratory, College of Medicine, University of Cincinnati, Cincinnati, Ohio* Dear Dr. Kehoe:- I feel that you will be very much pleased to know that the Workmens Compensation Board of the Commonwealth of Pennsylvania has reversed the action of the referee. It has disalloived compensation in the Baber case, on which you came to Pennsylvania to testify for the defendant. You will be particularly interested in the fifth finding of fact made by Board: the "FIFTH: That on September 9, 1940, claimant became totally disabled by reason of a disease of the spinal cord, which condition was neither the result of nor caused by reason of his being employed by the defendant herein; that the disability of the claimant is not the result of his being exposed to lead poisoning nor is it the result of the absorption of lead by the claimant while acting within the course of his employment with the defendant," My compliments to you for your very wonderful elucidation of the question of lead poisoning from Ethyl. After you examined my brother, you told me that he was a very sick man. Of course we knew that was so. He passed away in November last* If you put out any future brochures on any subject, may I be on your mailing list? I like to do everything: possible to keep abreast of the times on developments of the art and" science of medicine and medical chemistry. With very earnest good wishes to you, and with thanks Iam U fr addlns t0 my edlKvation on/pne question of lead poisoning, Sincere! Kf 0016328 N19265.02