Appeal from the Order of the Court of Common Pleas of York County in case of Alfred E. Billet, Sr. v. Keystone Roofing Mfg. Co. and Commonwealth of Pennsylvania, No. 166 October Term, 1970.
Allen H. Smith, for appellant.
Robert O. Beers, with him Anderson, Ports, May & Beers, for appellee, Keystone Roofing Manufacturing Company.
Samuel C. Vary, Assistant Attorney General, for appellee, Commonwealth of Pennsylvania.
Judges Crumlish, Jr., Kramer and Wilkinson, Jr., sitting as a panel of three. Opinion by Judge Crumlish, Jr.
This appeal stems from a denial by the Workmen's Compensation Board of a claim for compensation benefits filed by Alfred E. Billet, now deceased.
Claimant had been employed at Keystone Roofing Manufacturing Company for nineteen years up until July 31, 1966. On August 8, 1967 he filed a claim petition under the Pennsylvania Occupational Disease Act*fn1 alleging that he had become totally disabled by asbestosis, which he alleged was an occupational hazard.*fn2
After hearings, the referee disallowed compensation finding that asbestosis was not peculiar to the industry in which claimant was employed nor to claimant's occupation therein, and that claimant did not suffer from asbestosis but from emphysema.
The Board reviewed the record and, after altering the findings of fact somewhat, agreed with the conclusion of the referee and dismissed the appeal. On appeal, the Court of Common Pleas of York County affirmed the decision of the Board and dismissed the appeal. The matter is now before us.
In reviewing a decision by the Board that is adverse to the claimant, this Court must determine whether there has been a capricious disregard of evidence and
whether the Board's findings of fact are consistent with each other and with its conclusions of law. Frombach v. U.S. Steel Corp., et al., 2 Pa. Commonwealth Ct. 556, 279 A.2d 779 (1971); State Workmen's Insurance ...