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A.C. MOYER COMPANY v. COMMONWEALTH PENNSYLVANIA (06/03/82)

decided: June 3, 1982.

A.C. MOYER COMPANY, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, WORKMEN'S COMPENSATION APPEAL BOARD AND JAMES I. BRYNER, RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of James I. Bryner v. A.C. Moyer Co., No. A-79905.

COUNSEL

Joseph F. Grochamal, with him Noble R. Zuschlag, Fried, Kane, Walters & Zuschlag, for petitioner.

Donald J. McCue, McCue & Watson, for respondent, James I. Bryner.

Judges Blatt, Williams, Jr. and Craig, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 67 Pa. Commw. Page 51]

In this appeal by A.C. Moyer, employer, from an award under The Pennsylvania Workmen's Compensation Law*fn1 for disability from the scheduled occupational disease of silicosis,*fn2 the claimant's disability from that disease is not controverted.

The key question is whether the record contains substantial evidence to support the referee's findings that the claimant's employment in this employer's slag plant from March of 1971 through April of 1975, along with previous employment, was employment in which he was exposed to the hazard of silicosis.

The referee's findings, numbered as indicated below, included findings that

-- claimant's disability from silicosis was due to his total and cumulative exposure to silica dusts while employed in an occupation having a silica hazard (11), (16);

-- claimant was employed by various slag plants in occupations having a silica hazard from 1923 to April of 1975 inclusive (13);

-- claimant's employment with this employer from March 1971 to April 1975 included exposure to coal and silica dust for the period after June 30, 1973 to April 29, 1975, which also contributed to his disability (14); and

-- claimant's employment from March 1971 to April 29, 1975 was a contributing factor to his disability as ...


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