Appeal, No. 3, Feb. T., 1955, from judgment of Court of Common Pleas of Luzerne County, March T., 1953, No. 1075, in case of Mae Wright v. Glen Alden Coal Company and Commonwealth of Pennsylvania. Judgment affirmed.
Thomas B. Noonan, with him Thomas L. Kennedy, Jr., 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, Wright, Woodside and Ervin, JJ. (gunther, J., absent).
[ 178 Pa. Super. Page 146]
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 last worked for defendant company on July 9, 1948, became totally disabled December 14, 1950, and died of anthraco-silicosis March 21, 1951. A claim filed by the employe during his lifetime was withdrawn subsequent to his death, and this claim filed by the widow on March 28, 1951.
The question is whether it was shown as required by section 301(d) of the above Act, 77 PS § 1401(d), "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."
[ 178 Pa. Super. Page 147]
Counsel stipulated as follows: During the eight-year period prior to December 14, 1950, the date of total disability, the decedent worked for the defendant 935 days out of a possible 1036 days that the mine worked in a calendar period of 3 years, 6 months and 11 days.
During the eight-year period prior to March 21, 1951, the date of death, the decedent worked for the defendant 877 days out of a possible 972 days in a calendar period of 3 years, 3 months and 4 days.
During the eight-year period prior to July 9, 1948 the decedent worked inside the mines of ...