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UNITED STATES STEEL CORPORATION v. COMMONWEALTH PENNSYLVANIA (06/03/81)

decided: June 3, 1981.

UNITED STATES STEEL CORPORATION, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND GEORGE DUPEJ, RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of George Dupej v. U.S. Steel Corporation, No. A-77775.

COUNSEL

Louis A. Raimond, for petitioner.

No appearance for respondents.

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

Author: Macphail

[ 59 Pa. Commw. Page 435]

United States Steel Corporation (USS) appeals here from an order of the Workmen's Compensation Appeal Board (Board) that awarded compensation to George Dupej (Dupej) under the Pennsylvania Workmen's Compensation Act (Act)*fn1 for partial disability from coal worker's pneumoconiosis.

Dupej worked in USS's underground coal mines for 37 1/2 years. His last day of employment was June 9, 1976 when he retired on disability because of rheumatoid arthritis. On April 28, 1978 Dupej filed a claim petition for compensation benefits under Section 108(q) of the Act*fn2 alleging that he had become totally disabled as a result of an occupational disease owing to dust exposure in the coal mines.*fn3 USS had

[ 59 Pa. Commw. Page 436]

    been notified of the disability on May 24, 1977. USS denied responsibility. A hearing was held. The referee found that Dupej had been partially and permanently disabled from coal worker's pneumoconiosis since May 30, 1978. The referee granted benefits. USS appealed to the Board. The Board affirmed the determination of the referee. USS appealed to this Court.

Where the party with the burden of proof prevails before the referee and the Board takes no additional evidence, our review is limited to whether any constitutional rights were violated, an error of law was committed or a necessary finding of fact was unsupported by substantial evidence. American Refrigerator Equipment Co. v. Workmen's Compensation Appeal Board, 31 Pa. Commonwealth Ct. 590, 377 A.2d 1007 (1977). Questions of credibility and the resolution of conflicting testimony are matters for the referee to determine and not this Court. Shenango Steel Corp. v. Workmen's Compensation Appeal Board, 46 Pa. Commonwealth Ct. 3, 405 A.2d 1086 (1979). In making her findings, the referee may accept or reject the testimony in whole or in part. We are precluded from disturbing findings which are supported by the testimony even if there is evidence to the contrary. Shenango, supra.

USS contends that Dupej did not present clear, unequivocal and sufficient medical evidence to support a finding of disability owing to coal worker's pneumoconiosis. We disagree.

A report from Catherine P. Sinclair, M.D. dated October 9, 1978 stated in clear unequivocal language that Dupej had coal worker's pneumoconiosis and rheumatoid arthritis and was totally disabled by pulmonary disease related to his coal mine employment. A medical report submitted by ...


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