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SCOTT v. UNITED STATES STEEL CORPORATION. (06/11/64)

June 11, 1964

SCOTT, APPELLANT,
v.
UNITED STATES STEEL CORPORATION.



Appeal, No. 105, April T., 1964, from order of County Court of Allegheny County, No. A1588 of 1963, in case of Mrs. Thelma Scott, widow of William Scott, deceased, v. United States Steel Corporation et al. Order affirmed.

COUNSEL

Samuel J. Goldstein, for claimant, appellant.

Ira R. Hill, with him G. T. Skinner, and Reed, Smith, Shaw & McClay, for employer, appellee.

Robert F. Stokes and Wilson H. Oldhouser, for Commonwealth, appellee.

Before Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ. (rhodes, P.j., absent).

Author: Watkins

[ 203 Pa. Super. Page 460]

OPINION BY WATKINS, J.

This is an appeal from an order of the County Court of Allegheny County affirming the denial of benefits by the Workmen's Compensation Board in an occupational disease case. Mrs. Thelma Scott, a widow, brought the claim for occupational disease benefits alleging that her husband, William Scott, who was an employee of the United States Steel Corporation, died as a result of lung cancer, with metastasis to the skull, as the result of his employment.

The Referee disallowed the claim in that there was no casual connection and the Workmen's Compensation Board affirmed the disallowance of benefits and dismissed the appeal on the ground that she had failed to sustain her burden of proof that her husband's death, through cancer, was caused by his employment. The court below affirmed the Board.

This claim is brought under § 108 of the Pennsylvania Occupational Disease Act of June 21, 1939, P.L.

[ 203 Pa. Super. Page 461566]

, under the amendment of February 28, 1956, P.L. (1955) 1095, § 1, 77 PS § 1208(n), which reads as follows:

"(n) All other occupational diseases (1) to which the claimant is exposed by reason of his employment, and (2) which are peculiar to the industry or occupation, and (3) which ...


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