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REPUBLIC STEEL CORPORATION v. COMMONWEALTH PENNSYLVANIA (01/23/80)

decided: January 23, 1980.

REPUBLIC STEEL CORPORATION, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD, HENRY Z. HONACKI AND COMMONWEALTH OF PENNSYLVANIA, RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Henry Z. Honacki v. Republic Steel Corporation and Commonwealth of Pennsylvania, No. A-74009.

COUNSEL

Linton L. Moyer, with him Thomson, Rhodes & Grigsby, for petitioner.

J. Scott Lackia, with him Benjamin L. Costello, William C. O'Toole, and Margaret D. Blough, for appellee.

Judges Wilkinson, Jr., Rogers and MacPhail, sitting as a panel of three. Opinion by Judge MacPhail. Judge DiSalle did not participate in the decision in this case.

Author: Macphail

[ 49 Pa. Commw. Page 30]

This is an appeal from an order of the Workmen's Compensation Appeal Board (Board) affirming the referee's decision granting benefits to Henry Honacki (Claimant).

[ 49 Pa. Commw. Page 31]

Claimant was employed by various employers in the bituminous coal mining industry from 1934 to January 30, 1976. His last employment, which extended from 1941 to January 30, 1976, was with Republic Steel Corporation (Employer). Claimant worked below ground from 1941 to September 14, 1972 on which date he was transferred by Employer to the position of lampman and janitor where he stayed until he terminated his employment on January 30, 1976.

Claimant applied for Federal Black Lung benefits on March 8, 1976. He did not apply for Pennsylvania Workmen's Compensation benefits*fn1 until he received Dr. Macy I. Levine's medical report of July 9, 1976 stating that he, the Claimant, had become totally and permanently disabled due to pneumoconiosis which in the doctor's opinion resulted from the total cumulative exposure to coal dust throughout the Claimant's entire working experience. Notice of disability was received by the Employer on September 13, 1976.

After two hearings the referee awarded benefits from the date of notice.*fn2 Employer appealed and the Board affirmed. This appeal followed.

Employer argues that (1) the referee and the Board erred in awarding Claimant benefits for disability for the reason that the Claimant failed to prove by medical evidence that his disability resulted in whole or in part from Claimant's exposure to hazard of an occupational disease after June 30, 1973 as required by Section 301(c) of the Act, 77 P.S. ยง 411, and

[ 49 Pa. Commw. Page 32]

(2) Claimant failed to give timely notice of his injury to the Employer as required by Section 311 ...


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