Appeal from the Order of the Workmen's Compensation Appeal Board in case of James L. Schloder v. Rochester & Pittsburgh Coal Co. and Commonwealth of Pennsylvania, No. A-70052.
Joseph J. Lee, for appellants.
Eugene A. Creany, for appellee, Schloder.
David A. Ody, Assistant Attorney General, for appellee, Commonwealth.
James N. Diefenderfer, for appellee, Board.
Judges Crumlish, Jr., Wilkinson, Jr., and Mencer, sitting as a panel of three. Opinion by Judge Wilkinson.
[ 23 Pa. Commw. Page 442]
This case is an appeal by Rochester and Pittsburgh Coal Company and its insurance carrier (appellants) from a determination of the Workmen's Compensation Appeal Board (Board). On August 27, 1974, claimant-appellee filed a petition claiming compensation for total disability resulting from coal worker's pneumoconiosis. Hearings were held before a referee who then, on March 7, 1975, filed a decision awarding claimant-appellee total disability benefits, 25% of which were to be paid by appellants and 75% by the Commonwealth of Pennsylvania.
The referee made the following findings of fact:
"1. On 9/26/73, the claimant, James L. Schloder, was in the employ of the defendant, Rochester & Pittsburgh Coal Co., earning an average weekly wage of $235.00.
"3. The claimant was employed by the defendant from 1933 to 1934 and from 1937 to 9/26/73, approximately 37 years.
"4. On 8/5/74, the claimant became permanently totally disabled due to coal worker's pneumoconiosis after a period of two or more ...