Berkery v. Commonwealth

Opinion by

Judge Mencer,

Donna Berkery (claimant), a 68-year-old woman, was employed as a medical assistant1 by a physician in Upper Darby from May 1960 until March 21, 1972. During her last day of work she became ill and in need of surgery. She was taken to the hospital where she underwent an operation for repair of a hernia. Her physician-employer performed the surgery. She was discharged from the hospital on April 3, 1972 and returned to her home to recuperate.

On April 16, 1972, her employer, Dr. James Carty, came to her residence and she underwent a complete physical examination. Following…