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PUREX v. WORKMEN'S COMPENSATION APPEAL BOARD (HARVEY ODEN) (12/28/82)

decided: December 28, 1982.

PUREX, INCORPORATED, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (HARVEY ODEN), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in the case of Harvey Oden v. Purex, Incorporated, No. A-76708.

COUNSEL

Charles W. Craven, Marshall, Dennehey, Warner, Coleman & Goggin, for petitioner.

James J. DeMarco, for respondent, Harvey Oden.

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

Author: Crumlish

[ 70 Pa. Commw. Page 549]

The Workmen's Compensation Appeal Board (Board), by order, affirmed a referee's award of total disability benefits to Harvey Oden. Purex, Incorporated (Purex), appeals. We affirm.

Purex, which manufactures various soaps and soap products, employed Oden from September 12, 1966, to May 31, 1975, as a laborer, mixer and utility man. On September 30, 1975, Oden filed for benefits under Section 108(n) of The Pennsylvania Occupational Disease Act*fn1 alleging that he suffered from chronic obstructive pulmonary disease. On July 25, 1977, Oden amended his petition in order to bring his claim under Section 108(n) of The Pennsylvania Workmen's Compensation Act*fn2 (Compensation Act).

[ 70 Pa. Commw. Page 550]

The referee, in awarding benefits, made the following pertinent factual findings and legal conclusions:

FINDINGS OF FACT

2. The Claimant was employed by the Defendant as a general laborer, mixer, and did other duties with access to all areas of the plant concerned with the manufacture of soaps, powders, bleaches and other detergents.

3. The Claimant was employed in the above position from September 12, 1966 to May 31, 1975.

4. As a result of being employed in the position mentioned above, the Claimant was exposed to silica, bacillus subtilis, and other ingredients used in the manufacture of the ...


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