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KRAESKO v. BLACK LICK MINING CO. ET AL. (07/13/54)

: July 13, 1954.

KRAESKO
v.
BLACK LICK MINING CO. ET AL.



COUNSEL

Frank A. Whitsett, Smith, Maine, Whitsett and Lee, Clearfield, Yost & Meyers, Johnstown, for appellants.

George Jerko, Indiana, for appellee.

Before Rhodes, P. J., and Ross, Gunther, Wright and Ervin, JJ.

Author: Rhodes

[ 175 Pa. Super. Page 456]

RHODES, President Judge.

This is an appeal by defendant-employer and its insurance carrier from a judgment for claimant entered

[ 175 Pa. Super. Page 457]

    on an award of the Workmen's Compensation Board under the Pennsylvania Occupational Disease Act of June 21, 1939, P.L. 566, 77 P.S. § 1201 et seq.

Appellants question the sufficiency of the evidence in the record to support the finding that claimant was exposed to a silica hazard for an aggregate period of four years during the eight years next preceding disability as contemplated by section 301(d) of the Act. 77 P.s. § 1401(d). Section 301(d) provides as follows:

'(d) Compensation for silicosis or anthraco-silicosis, and asbestosis, shall be paid only when it is shown that the employe has had an aggregate employment of at least four years in the Commonwealth of Pennsylvania, during a period of eight years next preceding the date of disability, in an occupation having a silica or asbestos hazard.'

Claimant was employed by appellant-employer as a coal miner from June 10, 1946, to September 19, 1951, the occupation having a silica hazard. Claimant had no other employment during this period. On September 19, 1951, he became totally disabled as a result of anthraco-silicosis. He had worked as a coal miner for the Westmoreland Mining Company prior to 1942. He then served eighteen months in the United States Army, and for the two years immediately prior to his employment with appellant he was engaged in farming.

Claimant filed a claim petition on January 31, 1952, in which he alleged that he became totally disabled on September 19, 1951, as the result of anthraco-silicosis caused by his employment with appellant in an occupation having a silica hazard. The referee awarded compensation; the Board affirmed the award; and the Court of Common Pleas of Cambria County on ...


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