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RAYMOND J. PHILLIPS v. NORTH AMERICAN COAL COMPANY (10/26/76)

decided: October 26, 1976.

RAYMOND J. PHILLIPS
v.
NORTH AMERICAN COAL COMPANY, OLD REPUBLIC COMPANIES AND COMMONWEALTH OF PENNSYLVANIA. NORTH AMERICAN COAL COMPANY AND OLD REPUBLIC COMPANIES, APPELLANTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Raymond J. Phillips v. North American Coal Corporation and Commonwealth of Pennsylvania, No. A-70140.

COUNSEL

Michael D. McDowell, with him Hirsch, Weise & Tillman, for appellants.

Eugene A. Creany, with him James N. Diefenderfer, for appellees.

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

Author: Blatt

[ 27 Pa. Commw. Page 104]

The North American Coal Company (appellant) appeals from a decision of the Workmen's Compensation Appeal Board (Board), dated November 26, 1975, which affirmed the referee's findings of fact and conclusions of law as well as his award of permanent total disability benefits to Raymond J. Phillips (claimant) pursuant to Section 301(a) of The Pennsylvania Workmen's Compensation Act (Act),*fn1 77 P.S. ยง 431.

The referee concluded and the Board agreed that the claimant was entitled to permanent total disability benefits. The following pertinent "Findings of Fact" were made:

2. Claimant was 57 years old and was last employed by North American Coal Corporation on July 16, 1973.

3. Claimant's work history is not disputed. He worked for various coal mining companies within the Commonwealth of Pennsylvania for the period extending from 1934 to July 16, 1973 or approximately 37 years. During the course of his

[ 27 Pa. Commw. Page 105]

    employment, claimant was exposed to a coal dust hazard.

5. Notice of claimant's disability and intention to file a claim petition for benefits under the Workmen's Compensation Act was given to the named defendants herein as well as the Commonwealth of Pennsylvania by petition and letter dated January 25, 1974.

6. The claimant is totally and permanently disabled as a result of his occupationally acquired lung disease, namely, coal worker's pneumoconiosis, which was acquired as a result of his total ...


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