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CRUCIBLE STEEL CORPORATION v. COMMONWEALTH PENNSYLVANIA (05/06/81)

decided: May 6, 1981.

CRUCIBLE STEEL CORPORATION, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND ROY B. BAILEY, RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in the case of Roy B. Bailey v. Crucible Incorporated, No. A-77219.

COUNSEL

Roy F. Walters, Jr., Fried, Kane, Walters & Zuschlag, for petitioner.

Benjamin L. Costello, with him Kenneth J. Yablonski, Yablonski, King, Costello & Leckie, for respondent, Roy B. Bailey.

Judges Rogers, Williams, Jr. and Palladino, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 59 Pa. Commw. Page 185]

Crucible Steel Corporation (Crucible) has appealed from an order of the Workmen's Compensation Appeal Board affirming a referee's decision awarding Roy Bailey workmen's compensation benefits for total disability due to a work-related occupational disease pursuant to Section 301(c)(2) of The Pennsylvania Workmen's Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 411(2). We affirm.

Bailey was employed for thirty-five years by Crucible or its predecessors. During this time Bailey

[ 59 Pa. Commw. Page 186]

    worked as a pickle line helper, a slabyard crane man, a blooming mill crane man, a stripper crane man and a soaking pit crane man and, throughout his employment, Bailey was exposed to dust from flint and silica and fumes from acid. Bailey ceased work on March 14, 1977, due to a severe shortness of breath. He thereafter filed a petition for workmen's compensation benefits for total, or in the alternative partial, disability due to an occupational disease as defined in Section 108(n) of the Act, 77 P.S. § 27.1(n).*fn1 Upon Crucible's denial of all the material allegations contained in Bailey's petition, several referee's hearings were held. The evidence adduced at these hearings consisted of the testimony of Bailey and the depositions and medical reports of Dr. J. D. Silverman, Bailey's examining physician, and Dr. Claus L. Anderson, who examined Bailey at Crucible's request. The following findings of fact of the referee provide a comprehensive summary of the two doctors' testimony, as well as the referee's consideration of this testimony:

10. On February 22, 1978 the claimant was examined by Dr. J. D. Silverman, specialist in pulmonary diseases and the claimant's examining physician. X-rays of the claimant's

[ 59 Pa. Commw. Page 187]

    chest were interpreted as revealing pneumoconiosis; category 1/1, type P and S, both lungs (six zones). Pulmonary function studies revealed both restrictive of obstructive disease. The doctor, based on the history, his clinical examination, the x-rays and pulmonary function study results, made diagnosis of mixed dust pneumoconiosis and silicosis with pulmonary emphysema and chronic asthmatic bronchitis as complications of the aforementioned primary diseases.

11. It was further the opinion of Dr. Silverman that the claimant was totally and permanently disabled as a result of the aforementioned occupational diseases which had occurred as a result of his total and cumulative exposure to dust both while working in the flint and steel mills. That the claimant's occupational diseases were all causally related to his employment and ...


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