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GAWLICK v. GLEN ALDEN COAL COMPANY. (04/18/55)

April 18, 1955

GAWLICK, APPELLANT,
v.
GLEN ALDEN COAL COMPANY.



Appeal, No. 10, Feb. T., 1955, from judgment of Court of Common Pleas of Luzerne County, May T., 1954, No. 448, in case of Mary Gawlick, widow of Frank Gawlick, deceased, v. Glen Alden Coal Company and Commonwealth of Pennsylvania. Judgment affirmed.

COUNSEL

Thomas B. Noonan, with him Thomas L. Kennedy, for appellant.

Franklin B. Gelder, with him J. H. Oliver, William J. Davis, Gilbert S. McClintock, Ralph H. Behney, C. A. Whitehouse and A. J. Zawoiski, for appellees.

Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside and Ervin, JJ.

Author: Woodside

[ 178 Pa. Super. Page 150]

OPINION BY WOODSIDE, J.

This is an appeal from the Court of Common Pleas of Luzerne County setting aside an award of the Workmen's Compensation Board made in a death claim brought under The Pennsylvania Occupational Disease Act of June 21, 1939, P.L. 566 as amended.

The claimant's husband died of anthraco-silicosis April 2, 1952. He had been employed by the defendant company inside its anthracite mines from January 4, 1944 to March 24, 1948, working a total of 1190 days during which time he was exposed to an anthraco-silicosis hazard. From March 25, 1948 to January 4, 1952 he was employed by defendant company outside the mines in a breaker, during which time the evidence establishes and the referee and board found, he was not exposed to an anthraco-silicosis hazard.

His last day of employment was January 4, 1952.

No claim was filed during his lifetime.

The Board with one member dissenting held the claimant was entitled to compensation. The court below

[ 178 Pa. Super. Page 151]

    reversed the Board on the grounds that death did not occur within three years after the date of deceased's last employment in a hazardous occupation as required by section 301(c) of The Pennsylvania Occupational Disease Act, supra, and that it was not "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 ...


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