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LEWIS E. BUCKINGHAM v. COMMONWEALTH PENNSYLVANIA (02/24/81)

decided: February 24, 1981.

LEWIS E. BUCKINGHAM, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND REPUBLIC STEEL CORPORATION, RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Lewis E. Buckingham v. Republic Steel Corporation, No. A-76689.

COUNSEL

Margaret D. Blough, with her, J. Scott Leckie and Kenneth J. Yablonski, for petitioner.

Edward A. McFarland, with him Ralph H. Davies, Thomson, Rhodes & Grigsby, for respondent, Republic Steel Corporation.

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

Author: Blatt

[ 57 Pa. Commw. Page 85]

The petitioner, Lewis E. Buckingham, seeks review of a decision of the Workmen's Compensation Appeal Board (Board) dismissing his claim for total disability as a result of an occupational disease under Sections 108(q) and 301(c)(2) of The Pennsylvania Workmen's Compensation Act (Act), Act of June 2, 1915, P.L. 736, added by Act of October 17, 1972, P.L. 930, as amended, 77 P.S. ยงยง 27.1(q) and 411(2).

The petitioner filed a claim with the Bureau of Occupational Injury and Disease Compensation on March 22, 1978, alleging that he was totally disabled due to anthracosilicosis and/or coal worker's pneumoconiosis. A referee was appointed, who, after conducting multiple hearings and receiving depositions, made these relevant findings of fact:

3. Claimant worked underground in the coal mining industry in Pennsylvania for about 39 years and worked above ground for about four years, during which time he worked in and at employer's [Republic Steel Corporation, respondent] mine from 1941 to and including January 7, 1977, his last day of work. He was last employed as a mechanic at average weekly wages of $371.37.

4. Claimant has not worked since January 7, 1977.

5. During his entire employment with employer, claimant was exposed to the dust of bituminous coal, an occupational disease hazard.

6. As a result of such exposure, claimant contracted coal worker's pneumoconiosis which arose out of, and in the course of, his employment with employer.

[ 57 Pa. Commw. Page 867]

. Said occupational disease does not wholly or partially ...


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