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OBZUT v. PHILADELPHIA AND READING COAL AND IRON COMPANY. (09/13/62)

September 13, 1962

OBZUT, APPELLANT,
v.
PHILADELPHIA AND READING COAL AND IRON COMPANY.



Appeal, No. 32, Oct. T., 1962, from order of Court of Common Pleas of Schuylkill County, July T., 1961, No. 666, in case of Walter Obzut (Obozut) v. Philadelphia and Reading Coal and Iron Company et al. Order affirmed.

COUNSEL

William J. Krencewicz, for appellant.

Wilson H. Oldhouser, Assistant Attorney General, with him Hiram J. Bloom, Special Assistant Attorney General, and David Stahl, Attorney General, for Commonwealth, appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

Author: Woodside

[ 199 Pa. Super. Page 290]

OPINION BY WOODSIDE, J.

The claimant in this Workmen's Compensation case has appealed to this Court from an order of the court below affirming an order of the board denying compensation.

The claimant is totally disabled by reason of anthraco-silicosis and pulmonary tuberculosis. The claimant worked inside coal mines from 1934 to February 28, 1955. In his petition for compensation, he alleged that he became totally disabled on January 15, 1959,

[ 199 Pa. Super. Page 291]

    but the board found as a fact that he became totally disabled on December 10, 1959, which was the date Dr. A. J. Cook informed the claimant that he had anthraco-silicosis. The claim was filed on December 22, 1959, and notice of disability given to the employer on that date.

The referee found that the claimant had become totally disabled January 15, 1959, but denied compensation because notice of the claimant's total disability due to anthraco-silicosis was not given by the claimant to his employer within a period of 120 days after his disability began, as required by § 311 of The Pennsylvania Occupational Disease Act of June 21, 1939, P.L. 566, as amended, 77 P.S. § 1411.

The board found that disability occurred on December 10, 1959, but denied compensation on the ground that the disability had not occurred within four years of the last employment in such occupation or industry as required by § 301(c) of The ...


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