Legal Opinion

Kerwin v. American Railway Express Co.

Supreme Court of Pennsylvania

Decided February 20, 1922No. Appeal, No. 78PublishedCited by 16 opinions

Appeal, No. 78, Jan. T., 1922, by defendant, from judgment of C. P. No. 1, Phila. Co., Dec. T., 1921, No. 8274, confirming decision of Workmen’s Compensation Board, in case of John Kerwin v. American Railway Express Co. Appeal from decision of Workmen’s Compensation Board affirming award of referee. The opinion of the Supreme Court states the facts. Decision affirmed. Defendant appealed. Error assigned, inter alia, was judgment, quoting it.

1Opinion of the Court

Opinion by

Mr. Justice Frazer,

Plaintiff was injured July 19, 1919, while in defendant’s employ as a “trucker,” and, under an agreement with defendant, received disability compensation until October 4, 1920, at which time he filed a petition for additional compensation, alleging his disability had increased to such extent as to result in the loss of the use of his right arm for industrial purposes. Defendant, on *136the other hand, presented its petition alleging the disability of plaintiff had decreased sufficiently to permit him to do clerical work, but that he refused to seek such employment.…

2Cases cited2 opinions

  1. Kuca v. Lehigh Valley Coal Co.Supreme Court of Pennsylvania · 1920
  2. Strohl v. Eastern Pennsylvania Railways Co.Supreme Court of Pennsylvania · 1921

3Cited by16 opinions

  1. Lente v. LuciSupreme Court of Pennsylvania · 1922
  2. Conley v. Allegheny CountySuperior Court of Pennsylvania · 1938
  3. Morrow v. James S. Murray & SonsSuperior Court of Pennsylvania · 1939
  4. Croll v. MillerSuperior Court of Pennsylvania · 1938
  5. Dohman v. Texas Employers' Ins.Court of Appeals of Texas · 1926

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