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WESTINGHOUSE ELECTRIC CORPORATION v. GENEVIE SANTELLI (02/19/81)

decided: February 19, 1981.

WESTINGHOUSE ELECTRIC CORPORATION, APPELLANT
v.
GENEVIE SANTELLI, APPELLEE



Appeal from the Order of the Court of Common Pleas of Allegheny County in case of Genevie Santelli v. Westinghouse Electric Corporation, No. SA 1255 of 1978.

COUNSEL

C. Robert Keenan, with him Robert W. Murdoch, Jones, Gregg, Creehan and Gerace, for appellant.

Arnold D. Wilner, with him Theodore Goldberg, Baskins & Sears, for appellee.

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

Author: Crumlish

[ 57 Pa. Commw. Page 25]

The Workmen's Compensation Appeal Board (Board) affirmed a referee's award of compensation benefits to Genevie Santelli. On appeal, the Court of Common Pleas of Allegheny County sustained the Board. We affirm.

Santelli, an employe of Westinghouse Electric Corporation from January 9, 1969 until November 10, 1971, filed a claim petition under the Occupational Disease Act (Act) on March 27, 1973.*fn1

Santelli contends that her use of the chemical spray "Krylon" has caused her to contract an occupational disease.*fn2 Santelli's job as an electronic circuit board assembler required her to spray the assembled boards with krylon. The spraying process accounted for 75% of her work load and was done in a room which measured three feet by six feet. At her hearing, Santelli's physician diagnosed her medical condition as chronic bronchitis, pulmonary edema and recurrent pulmonary infarction. The physician further testified that in his opinion Santelli's medical condition was directly caused by her exposure to krylon.

Santelli relies on Section 108(n) of the Act, which states in relevant part:

[ 57 Pa. Commw. Page 26]

The term 'occupational disease,' as used in this act, shall mean only the following diseases:

(n) All other occupational diseases (1) to which the claimant is exposed by reason of his employment, and (2) which are peculiar to the industry or occupation, and (3) ...


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