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CZEPUKAITIS v. PHILADELPHIA AND READING COAL AND IRON COMPANY ET AL. (06/11/64)

June 11, 1964

CZEPUKAITIS
v.
PHILADELPHIA AND READING COAL AND IRON COMPANY ET AL., APPELLANTS.



Appeal, No. 201 Oct. T., 1964, from order of Court of Common Pleas of Schuylkill County, Sept. T., 1963, No. 498, in case of Peter L. Czepukaitis v. Philadelphia and Reading Coal and Iron Company et al. Order affirmed.

COUNSEL

Arthur E. Ricchiuti, Special Assistant Attorney General, and Wilson H. Oldhouser, Assistant Attorney General, with them Walter E. Alessandroni, Attorney General, for Commonwealth, appellant.

W.J. Krencewicz, for appellee.

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

Author: Watkins

[ 203 Pa. Super. Page 494]

OPINION BY WATKINS, J.

This is an appeal from the order of the Court of Common Pleas of Schuylkill County reversing the

[ 203 Pa. Super. Page 495]

Workmen's Compensation Board in an occupational disease case. The appeal is by the Philadelphia and Reading Coal and Iron Company, defendant, and its insurance carrier, State Workmen's Insurance Fund, and Commonwealth of Pennsylvania, co-defendant.

The Referee and the Board found that the claimant's total disability did not occur within four years of the date of his last employment. The pertinent findings of fact are as follows:

"(a) That the claimant and been employed by The Philadelphia & Reading Coal & Iron Company from 1926 to December 31, 1944 and then by the 'new' The Philadelphia & Reading Coal & Iron Company from January 1, 1945 to June 25, 1954; and that 'he worked in the mines for Ben Balkiewicz Coal Company, Mahanoy City, Pa., April 7, 8, 9, 1960.' (Second Finding of Fact.)

"(b) That 'the seams of coal in the mines wherein claimant was employed were overlaid and underlaid with sandrock and constituted a ...


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