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MAGILL v. WESTINGHOUSE ELECTRIC COMPANY (03/23/67)

decided: March 23, 1967.

MAGILL, APPELLANT,
v.
WESTINGHOUSE ELECTRIC COMPANY, APPELLANT



Appeals from order of Court of Common Pleas No. 5 of Philadelphia County, March T., 1964, No. 5020, and Court of Common Pleas No. 4 of Philadelphia County, March T., 1964, No. 5473, in case of Walter J. Magill, deceased, et al. v. Westinghouse Electric Company et al.

COUNSEL

William J. MacDermott, with him David Cohen, for claimant.

Robert A. Detweiler, for employer.

Ervin, P. J., Wright, Watkins, Montgomery, Jacobs, Hoffman, and Spaulding, JJ. Opinion by Watkins, J.

Author: Watkins

[ 209 Pa. Super. Page 343]

This is an appeal by the employer from the order of the Court of Common Pleas No. 5 of Philadelphia County, affirming the decision of the Workmen's Compensation Board's award of benefits for occupational disease benefits to the claimant's decedent and his widow; and an appeal by the claimant from the order of the court affirming the Workmen's Compensation Board in allowing credits to the employee as the result of insurance payments.

This appeal of the employer is based on the contention that there was not sufficient competent medical

[ 209 Pa. Super. Page 344]

    testimony to support the board's finding that the claimant's decedent's cirrhosis of the liver was aggravated by exposure to carbon tetrachloride in the course of his employment.

Claimant's decedent, Walter J. Magill, worked for Westinghouse Electric Corporation in various jobs from July 8, 1948 to January 29, 1957. He worked on various shifts as a turret lathe operator in "E" building from July 8, 1948 to September 1954, with a few months in building "A-31". He worked there as a machine helper to October 1956 when he was transferred to Dept. 7424 the "light shop" where he operated a turret lathe until his separation from work. With time off during the strike from October 15, 1955, until October 8, 1956. Claimant's decedent died on April 27, 1957, of portal cirrhosis.

The testimony indicates that in "E" building and the light shop during the time claimant's decedent worked in these buildings there was uncontrolled use of carbon tetrachloride for cleaning small pieces of parts being produced; to clean clothes; shoes, metal parts being produced to obtain a certain finish, etc. That it was applied either by spraying or with a paint brush. That the odor of evaporating carbon tetrachloride was constantly in the air and that complaints were made to the supervisors and after a survey by the company, after claimant's decedent's separation from work, the use of carbon tetrachloride was entirely discontinued by the company.

This situation was partly corroborated by the employer's witnesses in that one stated the odor of carbon tetrachloride was noticeable in the air, and that taking of carbon tetrachloride by employees became so intolerable ...


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