Document O1j0QQw5VrnrGmmvrbODeEo3v

COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF LABOR AND INDUSTRY WORKMEN'S COMPENSATION/BOARD. ' HARRISBURG Referee's Award or Disallowance of Compensation 18 Merrow Avenue, Bradford, Pa. Claimant vs. KENDALL. REFINING COMPANY . 77 N, Kendall Avenue, Bradford, Pa. . Defendant Bureau File No. 8.085.959 Claim Petition No. 77.391 PENNSYLVANIA MANUFACTURERS ASSO CIATION CASUALTY INSURANCE COMPANY Ridgway, Pennsylvania_____________ Insurance Carrier for Defendant BEFORE: E. H. Beshlin, Referee, District No. 10. HEARING: Friday, December 16, 1938 at 10:45 A.M. at the City Hall, Bradford, Pennsylvania. : Henry A. Onofrio, Attorney, 5 Main Street, Bradford, Pa., Counsel for Claimant. Francis M. Nash, Attorney, City Hall, Bradford, Pennsylvania and C. E. Mader, Adjuster, Ridgway, Pennsylvania, representing Insurance Carrier for Defendant. ' CLAIMANT'S WITNESSES; Milton E. Douthit, 18 Merrow Avenue, Bradford, Pennsylvania Dr. Luke D. Garvin, Bradford, Pennsylvania K. E. Dininny, no address given. Dr. S. A. McCutcheon, Bradford, Pennsylvania Dr. G. M. DeWoody, Bradford, Pennsylvania DEFENDANT'S WITNESSES; . . .. ' Jack W Stewart, no address given. i ' +" - ^#v^v-v . found: FINDINGS OF FACT '. . V - - - ------~ ----- - ------- --------------- . ' ' From the testimony taken in the above case the following facts are '" '' First The claimant * 011 and prior to May 6, 1938 was employed by the defendant, Kendall Refining Company at its plant in Bradford, Pennsylvania, as a laborer. Second, Neither the claimant nor the defendant served notice upon the other rejecting the provisions of th Wokmen's Compensat- .ion Act. - Third, It is agreed that the average weekly wage of the claimant amounted to $28 .80. * Fourth, The claimant on and prior to May 6, 1938 was engaged in loading gasoline and oil in tank cars, and filling the bulk plant, and generally handling gasoline as his regular duties. He worked approximately five hours a day on the bulk plant and the rest of the time on the cars and practically all his work was done outside in the open air. The claimant has been en gaged in thi3 sort of work since November, 1932. Beginning April of 1938, the claimant began to suffer from dizziness, headaches and vomitting, and persisted until he was finally compelled to cease work on May 6, 1938. On May 10, 1938, he was admitted to the Bradford Hospital where he remained until June 5, 1938, on which date he was admitted to the Warren State Hospital where he stayed until June 18, 1938. The claimant returned to work at the Kendall Refining Company on September 15, 1938 at the same wages as previously, but at a different kind of work. The claimant as far back as 1934 Had had various physical ailments, for which he had been treated and examined from time to time. His attending physician was unable to state definitely the cause of his trouble of which he began to complain in Ajbril, 1938. Fifth, Notice of the alleged condition was given to the employer in June, 1938. - Sixth, The claimant was totally disabled from May 6, 1938 to September 15, 1938. - Seventh, The disability of the claimant was not the result of or aggravated by lead poisoning. Eighth, The cost of medical, surgical and hospital services dur ing the first three months of disability are as follows: Bradford Hospital, Bradford, Pennsylvania, of which $100,00 was paid by the Hospital Insurance Assoc. of the Kendall Refining Company Warren State Hospital, paid by the claimant, Dr. F. W, Hayes, Bradford, Pennsylvania Dr. S. A. McCutcheon, Bradford, Pennsylvania $179.15 1 1 .0 0 1 6 .0 0 94.00 001.00:6.2 First, Second, Third, THE FINDINGS OF FACT WERE DERIVED FROM: The undenied averments of the petition. The agreements and stipulations of counsel. The preponderance of the evidence presented at the hearing. First, Second, Third, CONCLUSIONS OF LAW At the time of the accident both the claimant and the defendant were bound by the provisions of the Workmens Compensation Act of 1913 and the Amendments thereto. The disability of the claimant was not the result' of coming in contact with lead poisoning as provided in the Occupational Disease Section of the Workmen's Compensation Act. . The claimant is not entitled to compensation. DISALLOWANCE In accordance with the Findings of Fact and the Conclusions of.Law, herein stated, compensation is disallowed the claimant, Milton E. Douthit. _______ Jesse G. Smith Referee 10th Compensation District Dated: September 6, 193?