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COLT INDUSTRIES v. COMMONWEALTH PENNSYLVANIA (06/24/80)

decided: June 24, 1980.

COLT INDUSTRIES, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND ROBERT V. EARDLEY, RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Robert V. Eardley v. Colt Industries, No. A-75249.

COUNSEL

Joseph A. Fricker, Jr., for petitioner.

William R. Caroselli, McArdle, Caroselli, Spagnolli & Beachler, for respondent.

Judges Wilkinson, Jr., Craig and MacPhail, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 52 Pa. Commw. Page 297]

Colt Industries (employer) appeals from a decision of the Workmen's Compensation Appeal Board which affirmed a referee's decision that Robert V. Eardley (claimant) was eligible to receive compensation under Sections 108(k) and 108(n) of The Pennsylvania Workmen's Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, added by Act of October 17, 1972, P.L. 930, as amended, 77 P.S. ยง 27.1(k) and (n), because he was disabled by an occupational disease.

From April 14, 1968 through March 24, 1976 the employer employed claimant in the hot strip mill as a crane operator. The findings of fact, set forth verbatim in a footnote,*fn1 reveal the types of crane operated by claimant, the duration of claimant's operation

[ 52 Pa. Commw. Page 298]

    of each crane and that the employee was exposed to a silica hazard during the time he operated each crane.

Claimant's duties as a crane operator required that he work in the slab building in addition to the hot strip mill. The testimony of Jess Finley, the superintendent of the hot strip mill, corroborated claimant's testimony that the conditions in these buildings were very dusty and that the claimant often had to open the windows of his crane cab in order to operate

[ 52 Pa. Commw. Page 299]

    the crane safely. Moreover, there was testimony that the material heated in the buildings contained silicon.

Resolving conflicting medical testimony in favor of the claimant, the referee found that as of July 23, 1976, the claimant was totally disabled by pneumoconiosis, ...


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