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UNITED STATES STEEL CORPORATION v. VALENSON (03/22/73)

decided: March 22, 1973.

UNITED STATES STEEL CORPORATION
v.
VALENSON, ET AL.



Appeal from the Order of the Workmen's Compensation Appeal Board in case of William Valenson v. United States Steel Corporation, No. A-64215.

COUNSEL

Richard F. Lerach, for appellant.

Leonard P. Kane, Jr., with him Brandt, McManus, Brandt & Malone, for appellee.

Judges Crumlish, Jr., Mencer and Rogers, sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 8 Pa. Commw. Page 201]

This is an appeal from a decision of the Workmen's Compensation Appeal Board granting benefits to the claimant-appellee.

The claimant filed an original Claim Petition alleging that he was suffering a disability due to heart damage resulting from exposure to carbon monoxide within the scope of his employment with the employer- appellant at its Duquesne Works on November 26, 1968.

The employer's answer to claimant's petition denied that the disability of the claimant related to his employment.*fn1 In the alternative, the employer contended

[ 8 Pa. Commw. Page 202]

    that if the claimant did have a disability related to his employment, the disability was partial in nature and that the employer had offered the claimant a light work position consistent with the physical limitations.

The uncontradicted testimony in the record indicates that the claimant had been absent from work from November 27, 1968 through June 8, 1969. He then returned to work and worked from June 9, 1969 through July 18, 1969, when he was forced to stop because the duties of a millwright, his original job, proved too strenuous for his physical capabilities.

At this time, the employer, United States Steel Corporation, offered the claimant a position as a janitor, which he refused.

A hearing was held before a referee of the Workmen's Compensation Appeal Board. The referee, in an opinion dated March 10, 1971, found as a fact that the claimant did sustain an accident within the scope of his employment on November 26, 1968. The referee further found that as a result of said accident the claimant was totally disabled from November 26, 1968 through June 8, 1969, and that the claimant had returned to work from June 9, 1969 through July 18, 1969. Finally, the referee found that the ...


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