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REYNOLDS MANUFACTURING COMPANY v. WORKMEN'S COMPENSATION APPEAL BOARD (COLLINS) (12/16/85)

decided: December 16, 1985.

REYNOLDS MANUFACTURING COMPANY, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (COLLINS), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in the case of Frederick A. Collins v. Reynolds Manufacturing Company, No. A-76240.

COUNSEL

Stephen F. Ban, Springer and Perry, for petitioner.

Vincent J. Quatrini, Jr., for respondent, Frederick A. Collins.

Judges Rogers and MacPhail, and Senior Judge Blatt, sitting as a panel of three. Opinion by Judge MacPhail.

Author: Macphail

[ 93 Pa. Commw. Page 489]

Reynolds Manufacturing Company (Petitioner) appeals here from a decision of the Workmen's Compensation Appeal Board (Board) affirming a referee's award of partial compensation benefits to Frederick A. Collins (Claimant), pursuant to Section 108(k) of The Pennsylvania Workmen's Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. ยง 27.1(k). We affirm.

Claimant filed a claim petition on February 7, 1975 alleging that he had, on January 3, 1975 become disabled as a result of an occupational disease sustained while employed by Petitioner as a fitter in the steel fabricating business. Following several hearings, the referee made the following findings of fact:

[ 93 Pa. Commw. Page 490]

FIRST: [Claimant] became disabled from silicosis as a result of being exposed to the hazard of silica while employed in the foundry industry.

THIRD: Claimant . . . was employed in the foundry industry, where he was exposed to the hazard of silica as follows:

     a. Scottdale Foundry 1934-1944

     b. Reynolds Mfg. September 1952-June 11, 1974

SEVENTH: This Referee finds as a fact based on all the evidence received that the Claimant is unable to return to his employment with ...


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