Appeal, No. 155, Oct. T., 1958, from order of Court of Common Pleas of Warren County, Aug. T., 1957, No. 45, in case of Walter Holt v. Sunray Electric, Inc., now Interlectric Corporation et al. Order reversed.
Joseph H. Goldstein, with him Paul H. Ferguson, for appellants.
E. E. Petrillo, with him Harold S. Hampson, for appellee.
Before Rhodes, P.j., Gunther, Wright, Woodside, Ervin, and Watkins, JJ. (hirt, J., absent).
[ 186 Pa. Super. Page 595]
This is an appeal from the Court of Common Pleas of Warren County, setting aside the disallowance of the claim of Walter Holt by the Workmen's Compensation Board in a disability claim brought under The
[ 186 Pa. Super. Page 596]
Pennsylvania Occupational Disease Act of June 21, 1939, P.L. 566, as amended, 77 P.S. section 1201 et seq.
On or about May 3, 1956, the claimant, Walter Holt, filed a petition seeking compensation under The Pennsylvania Occupational Disease Act and alleged that he became totally disabled on January 14, 1955, as a result of beryllium poisoning while in the employ of Sunray Electric, Inc. An answer was filed to the petition denying the material allegations and a hearing on said claim by the referee, who found, inter alia, that the claimant was exposed to beryllium dust during his employment with Sunray Electric, Inc., from September 29, 1947 to January 14, 1955, and that the claimant was totally disabled on the latter date as a result of beryllium poisoning. An award of compensation was divided between the employers and the Commonwealth of Pennsylvania. Both the Commonwealth of Pennsylvania and the appellants appealed to the Workmen's Compensation Board which rejected the referee's findings of fact, conclusions of law and the award of compensation and substituted, in lieu thereof, its own findings and conclusions of law.
The Board found that the claimant was exposed to beryllium dust from September 29, 1947 to May of 1949, and not thereafter. The Board concluded that since the Act bringing beryllium poisoning within the enumerated occupational diseases did not become effective until July 1, 1949, and that since the claimant was not exposed to beryllium dust after the effective date of the Act, he was not entitled to compensation. The Board further concluded that since the claimant's compensable disability did not occur within three years after his last exposure to the beryllium hazard, he is not entitled to compensation. The claimant's petition was dismissed.
[ 186 Pa. Super. Page 597]
From such adjudications the claimant appealed to the court below where the exceptions to the findings of fact and conclusions of law of the Workmen's Compensation Board were sustained; the findings and conclusions were set aside; the order of the Workmen's Compensation Board dismissing claimant's petition was reversed, and the record was remanded to the Board so that it may make new findings and conclusions not ...