John H. Bigelow, Hazleton, for appellant.
S. H. Torchia, Asst. Counsel, C. A. Whitehouse, Asst. Counsel, and Ralph H. Behney, Counsel, all of Harrisburg, Charles J. Margiotti, Atty. Gen., for appellees.
Before Rhodes, P. J., and Hirt, Reno, Dithrich, Ross, Arnold and Gunther, JJ.
[ 168 Pa. Super. Page 605]
The sole question involved in this appeal is: Who shall pay the compensation to which claimant admittedly is entitled? In our opinion the case is ruled
[ 168 Pa. Super. Page 606]
squarely by Karoly v. Jeddo-Highland Coal Co., 166 Pa. Super. 571, 73 A.2d 214. The controlling question in both cases is the same, to wit: When does liability become fixed? In the Karoly case, speaking through Reno, J., we said unequivocally, 166 Pa. Super. at page 573, 73 A.2d at page 215: ' The employe's last exposure to the occupational hazard imposes liability and his right to compensation is complete when total disability occurs.' (Emphasis added.) It follows that since the last exposure in this case was on June 18, 1946, when claimant last worked for the Jeddo-Highland Coal Company, and prior to September 1, 1946, the date of issue of the insurance policy of the State Workmen's Insurance Fund, the former and not the latter is liable.