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LOWE v. AMERICAN RADIATOR & STANDARD SANITARY CORPORATION (04/18/55)

April 18, 1955

LOWE
v.
AMERICAN RADIATOR & STANDARD SANITARY CORPORATION, APPELLANT.



Appeal, No. 191, April T., 1954, from judgment of County Court of Allegheny County, 1954, No. A-58, in case of Charles Lowe, deceased, Mosezelle Lowe, widow v. American Radiator & Standard Sanitary Corporation and Commonwealth of Pennsylvania. Judgment affirmed.

COUNSEL

Sidney J. Watts, with him Kennedy Smith and Baker, Watts & Woods, for appellant.

Murray J. Jordan, with him Fred J. Jordan and Richard F. Jones, for appellee.

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

Author: Woodside

[ 178 Pa. Super. Page 139]

OPINION BY WOODSIDE, J.

This is an appeal from the County Court of Allegheny County affirming the award of compensation made by the Workmen's Compensation Board under The Pennsylvania Occupational Disease Act of June 21, 1939, P.L. 566 as amended.

The decision depends upon the meaning of "date of disability" contained in section 301(d) of the Act, 77 PS ยง 1401(d).

The claimant was employed as a sand blaster by the defendant company from April 13, 1939 to December 26, 1946 with some interruptions, including one of eleven months while he was in the military service.

During his employment with defendant company he was exposed to a silica hazard and acquired silicosis. In December of 1946 he learned that he was suffering from the effects of the disease, and felt the necessity of obtaining an outdoor job where he could be in the fresh air. On December 26 he quit his sandblasting job. He was then able to do light work, but was told by his physician to "take a little rest." At that time he was disabled to the extent that he could no longer work in an occupation with a silica hazard, but was required to obtain outdoor employment.

On January 3, 1947 claimant's wife on his behalf gave notice to the defendant company that he was partially disabled from silicosis. Claimant thereafter took light work as a hotel doorman and as a cab driver. After July 10, 1949 he was unable to continue working because of his physical condition. He was admitted to the Leech Farm Tuberculosis Hospital September 12, 1949, and in November was told by Dr. K. I. Fetterhoff that he was suffering from silico-tuberculosis and was totally disabled. The doctor's testimony was that he was totally and permanently disabled from July 10, 1949.

[ 178 Pa. Super. Page 140]

He filed the petition in this case on December 12, 1949. On February 23, 1951, still in his thirties, he died from silico-tuberculosis. His wife was substituted as claimant in this case, and brought a claim in her own right which by ...


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