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CELOTEX CORPORATION v. WORKMEN'S COMPENSATION APPEAL BOARD (JOHN W. PARKER) (12/17/82)

decided: December 17, 1982.

THE CELOTEX CORPORATION, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (JOHN W. PARKER), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in the case of John W. Parker v. Celotex Corporation, No. A-77209.

COUNSEL

Peter J. Weber, with him Lowell A. Reed, Jr., Rawle & Henderson, for petitioner.

Marc S. Jacobs, Galfand, Berger, Senesky, Lurie & March, for respondents.

President Judge Crumlish, Jr. and Judges Blatt and MacPhail, sitting as a panel of three. Opinion by President Judge Crumlish, Jr. Judge Mencer and Judge Palladino did not Participate in the decision in this case.

Author: Crumlish

[ 70 Pa. Commw. Page 408]

The Celotex Corporation and Aetna Life and Casualty Company appeal a Workmen's Compensation Appeal Board order affirming a referee's benefits award to John W. Parker.*fn1 We affirm.

Parker was a Celotex employee for approximately thirty-one years.*fn2 During the last two years of his employment, until August 19, 1977, he lubricated heavy machinery. After leaving Celotex, Parker filed a claim petition for total disability from lung cancer as the result of his exposure to asbestos during his employment.

After hearings, a referee found that Parker was totally disabled by lung cancer as the result of exposure to asbestos in an occupation in which asbestos is a hazard and that the disability resulted from exposure to the hazard after June 30, 1973. The referee

[ 70 Pa. Commw. Page 409]

    concluded that Parker qualified under Section 108(1) of The Pennsylvania Workmen's Compensation Act*fn3 and awarded benefits.

Section 108(1) reads, in pertinent part, that:

The term "occupational disease," as used in this act, shall mean only the following diseases.

(1) Asbestosis and cancer resulting from direct contact with, handling of, or exposure to the dust of asbestos in any occupation involving ...


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