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CHUPLIS v. STEVE SHALAMANDA COAL COMPANY. (03/24/60)

March 24, 1960

CHUPLIS, APPELLANT,
v.
STEVE SHALAMANDA COAL COMPANY.



Appeal, No. 456, Oct. T., 1959, from order of Court of Common Pleas of Schuylkill County, May T., 1959, No. 534, in case of Alice Chuplis, widow of Joseph Chuplis v. Steve Shalamanda Coal Co. et al. Order affirmed; reargument refused April 22, 1960.

COUNSEL

W. J. Krencewicz, for appellant.

Hiram J. Bloom, Special Assistant Attorney General, with him Wilson H. Oldhouser, Assistant Attorney General, David C. Harrison, Deputy Attorney General, and Anne X. Alpern, Attorney General, for Commonwealth, appellee.

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

Author: Woodside

[ 192 Pa. Super. Page 78]

OPINION BY WOODSIDE, J.

This is an appeal from the order of the Court of Common Pleas of Schuylkill County dismissing the claimant's appeal from a decision of the Workmen's Compensation Board denying her compensation which she claimed under The Pennsylvania Occupational Disease

[ 192 Pa. Super. Page 79]

Act of June 21, 1939, P.L. 566, as amended, 77 PS § 1201 et seq.

A claimant under this act must establish both an occupational disease which "is peculiar to the occupation or industry in which the employe was engaged," and "compensable disability or death resulting from occupational disease and occurring within four years after the date of his last employment in such occupation or industry." See § 301, as amended 77 PS § 1401(c).

The claimant in this case is the widow of Joseph Chuplis who died January 15, 1957. The decedent was employed in different anthracite mines from 1932 to December 1950. The referee found that the deceased died as the result of anthracosilicosis accompanied by active pulmonary tuberculosis more than four years after the date of his last employment in the anthracite industry.

The claimant alleged that the deceased was employed by Steve Shalamanda Coal Company between January 1951 and January 30, 1953. Concerning this the referee found, and the board affirmed, the following: "Decedent had obtained permission from the defendant and between the dates of January 1951 and January 30, 1953 he performed work around a coalhole on the premises of the defendant, doing various chores, including on occasion those in connection with the duties of a hoisting engineer. There was no contract of employment between the decedent and the defendant and no wages were payable or in fact paid."

It seems from the testimony that the "company" named by the claimant as a defendant is a fictitious name used by Steve Shalamanda, who carried no workmen's compensation insurance. Shalamanda appeared at the hearing without counsel and was called and examined by the special assistant ...


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