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COLT INDUSTRIES v. COMMONWEALTH PENNSYLVANIA (11/24/81)

decided: November 24, 1981.

COLT INDUSTRIES, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND RICHARD MAHONEY, RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in the case of Richard Mahoney v. Colt Industries, No. A-77557.

COUNSEL

Leonard P. Kane, Jr., Fried, Kane, Walters & Zuschlag, for petitioner.

Patrick F. McArdle, McArdle, Caroselli, Spagnolli & Beachler, for respondent, Richard Mahoney.

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

Author: Mencer

[ 62 Pa. Commw. Page 583]

This is an appeal by Colt Industries, Crucible Steel Company (employer) from an order of the Workmen's

[ 62 Pa. Commw. Page 584]

Compensation Appeal Board which affirmed a referee's decision that Richard Mahoney (claimant) was eligible to receive compensation under Section 108(n)*fn1 of The Pennsylvania Workmen's Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, added by Section 1 of the Act of October 17, 1972, P.L. 930, 77 P.S. § 27.1(n), and Section 301(c)(2)*fn2 of the Act, 77 P.S. § 411(2), because he was disabled by an occupational disease. We affirm.

The claimant worked for the employer for almost 35 years. From approximately 1941 to 1943, he was

[ 62 Pa. Commw. Page 585]

    employed as a laborer. He worked as a fireman on a steam locomotive in the employer's transit department from 1943 to 1951. From 1951 to May 9, 1976, the claimant worked as a motor inspector in the hot strip mill and transit department and in the conditioning department. As a motor inspector, the claimant would alternate working one week in the hot strip mill and transit department and then one week in the conditioning department.

On November 15, 1976, the claimant filed a claim petition under the Act, alleging that he had become totally disabled from an occupational disease contracted in the course of his employment.

The referee found in favor of the claimant and awarded him workmen's compensation benefits for total disability on April 20, 1978. The Board, on December 15, 1978, vacated the referee's decision and remanded the case to allow the claimant an opportunity to present additional evidence sufficient to meet the causation standard enunciated in Consolidated Coal Co. v. Workmen's Compensation Appeal Board, 37 Pa. Commonwealth Ct. 412, 391 A.2d 14 (1978). Following the introduction of additional medical testimony, the referee, on June 29, 1979, once again found in favor of the claimant ...


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