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WORKMEN'S COMPENSATION APPEAL BOARD COMMONWEALTH PENNSYLVANIA AND JOHN J. PLEBAN v. COMMONWEALTH PENNSYLVANIA (06/05/75)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: June 5, 1975.

WORKMEN'S COMPENSATION APPEAL BOARD OF THE COMMONWEALTH OF PENNSYLVANIA AND JOHN J. PLEBAN
v.
COMMONWEALTH OF PENNSYLVANIA, APPELLANT

Appeal from the Order of the Workmen's Compensation Appeal Board in case of John J. Pleban v. United States Steel Corporation and Commonwealth of Pennsylvania, No. A-68924.

COUNSEL

Sandra S. Christianson, Assistant Attorney General, for appellant.

Arthur P. Tonozzi, with him James N. Diefenderfer, for appellees.

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

Author: Wilkinson

[ 19 Pa. Commw. Page 494]

This case involves the same issue as was raised in Workmen's Compensation Appeal Board and Klebick v. Commonwealth of Pennsylvania, 19 Pa. Commonwealth Ct. 499, 338 A.2d 758 (1975). In this case, claimant was found to have a permanent total disability caused by anthraco-silicosis. The competent medical evidence relied upon by the referee was that claimant's disability was a result of his total and cumulative exposure to dust in the mines over a period of 32 years. Since claimant was last employed in the mines on September 30, 1973, his exposure to the hazard of an occupational disease after June 30, 1973, caused in part his disability, and the

[ 19 Pa. Commw. Page 495]

    award of compensation was, therefore, proper. Klebick, supra.

Accordingly, we enter the following

Order

Now, June 5, 1975, the order of the Workmen's Compensation Appeal Board, dated January 16, 1975, affirming the referee's award of compensation to John J. Pleban, is hereby affirmed.

Disposition

Affirmed.

19750605

© 1998 VersusLaw Inc.



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