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HAROLD RICHARD DUNN v. MERCK & COMPANY (04/01/74)

decided: April 1, 1974.

HAROLD RICHARD DUNN, APPELLANT,
v.
MERCK & COMPANY, INC., AND COMMONWEALTH OF PENNSYLVANIA AND PENNSYLVANIA MANUFACTURES' ASSOCIATION INSURANCE CO., INSURANCE CARRIER, APPELLEES



Appeal from the Order of the Court of Common Pleas of Northumberland County, in case of Harold Richard Dunn v. Merck and Company, Inc. and Commonwealth of Pennsylvania, No. 295 May Term, 1972.

COUNSEL

George J. Nagle, with him Roger V. Weist, for appellant.

Anthony J. Ciotola, with him Louis G. Feldmann, for appellee, Merck & Company, Inc.

William R. Mosolino, with him Samuel C. Vary, Assistant Attorney General, for appellee, Commonwealth of Pennsylvania.

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

Author: Mencer

[ 12 Pa. Commw. Page 573]

This is an appeal from an order of the Court of Common Pleas of Northumberland County affirming

[ 12 Pa. Commw. Page 574]

    the dismissal of the claim petition of Harold Richard Dunn (Dunn) by the Workmen's Compensation Appeal Board (Board).

Dunn had been employed by Merck & Company, Inc. (Merck) as a chemical operator from January 21, 1952 until August 23, 1966. His job consisted of working with many types of chemicals and chemical concentrations. On his last day of work, Dunn was taken ill and was forced to leave work to receive medical attention. He has never returned to work.

On June 21, 1967, Dunn filed a claim petition under The Pennsylvania Occupational Disease Act, Act of June 21, 1939, P.L. 566, No. 284, as amended, 77 P.S. § 1201 et seq., alleging that he had become totally disabled by pulmonary fibrosis and emphysema and therefore qualified for compensation under the provisions of Section 108(n) of the Act added by the Act of February 28, 1956, P.L. (1955) 1095, § 1, 77 P.S. § 1208(n).

Three hearings were held by a referee, resulting in an award of compensation to Dunn on January 28, 1970. Merck then appealed to the Board which, after receiving briefs and hearing oral argument but without hearing new evidence, reversed the referee. Dunn then appealed to the Court of Common Pleas of Northumberland County. The Court affirmed the Board and this appeal then followed.

Dunn first argues that the Board erred by not making specific findings of fact and conclusions ...


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