Testa v. R. & J. Tanning Corp.

Concurring Opinion by

Montgomery, J.:

This appeal presents a difficult question, namely, did claimant’s second accident cause a recurrence of the disability which arose from the injuries he sustained in his first accident, or is Ms claim for a new injury caused by Ms second accident? The Board found as a fact that there was a recurrence of the first injury, and the lower court affirmed the finding. That such question is one of fact finds support in Curcio v. Bendik, 109 Pa. Superior Ct. 241, 167 A. 626 (1933).

Appellant, the employer’s carrier at the time of the first accident, argues that there…