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ST. JOE MINERALS CORP. v. WORKMEN'S COMPENSATION APPEAL BOARD (IVAN J. VINCENZINI) (08/12/83)

decided: August 12, 1983.

ST. JOE MINERALS CORP., PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (IVAN J. VINCENZINI), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in the case of Ivan Vincenzini v. St. Joe Minerals Corp., No. A-78899.

COUNSEL

Bruce E. Woodske, Reed, Luce, Good, Tosh, Kunselman & McGregor, for petitioner.

Alexander J. Pentecost, with him Amiel B. Caramanna, Jr., for respondent, Ivan J. Vincenzini.

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

Author: Crumlish

[ 76 Pa. Commw. Page 325]

St. Joe Minerals Corporation appeals a Workmen's Compensation Appeal Board order affirming the referee's

[ 76 Pa. Commw. Page 326]

    award of total disability benefits to Ivan J. Vincenzini. We affirm.

Vincenzini, a utility man in St. Joe's furnace department since 1950, left work for health reasons on November 4, 1976. Subsequently, he was diagnosed as having mixed dust pneumoconiosis. Vincenzini applied for disability benefits under Section 108(n) of The Pennsylvania Workmen's Compensation Act.*fn1

The referee found that the mixed dust pneumoconiosis totally disabled Vincenzini, that the disease arose out of his exposure to hazardous dusts during his employment,*fn2 and that its incidence is substantially greater in Vincenzini's occupation than in the general population. The Board, without taking additional evidence, affirmed.

Our scope of review, where the party with the burden of proof has prevailed below, is limited to determining whether constitutional rights were violated, an error of law was committed or findings of fact were unsupported by substantial evidence. Carey v. Workmen's Compensation Appeal Board (General Electric Co.), 72 Pa. Commonwealth Ct. 10, 455 A.2d 774 (1983) (citing United States Steel Corp. v. Workmen's Compensation Appeal Board, 52 Pa. Commonwealth Ct. 641, 416 A.2d 619 (1980)).

Section 108(n) provides that occupational diseases include:

All other diseases (1) to which the claimant is exposed by reason of his employment, and (2) which are causally related to the industry or ...


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