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FURNCO CONSTRUCTION CORPORATION AND TRAVELERS INSURANCE COMPANY v. WORKMEN'S COMPENSATION APPEAL BOARD (DOROGY) (03/02/89)

decided: March 2, 1989.

FURNCO CONSTRUCTION CORPORATION AND TRAVELERS INSURANCE COMPANY, PETITIONERS
v.
WORKMEN'S COMPENSATION APPEAL BOARD (DOROGY), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board, in the case of William E. Dorogy v. Furnco Construction Corporation and Commonwealth of Pennsylvania, No. A-93250.

COUNSEL

Frank J. Grzywinski, Faderewski & Herrington, for petitioners.

John W. McTiernan, Caroselli, Spagnolli & Beachler, for respondent.

Judges Barry and Smith, and Senior Judge Narick, sitting as a panel of three. Opinion by Senior Judge Narick.

Author: Narick

[ 124 Pa. Commw. Page 18]

Furnco Construction Company (Employer) appeals an order of the Workmen's Compensation Appeal Board (Board) which affirmed a referee's decision that William E. Dorogy (Claimant) was totally disabled due to asbestosis and silicosis contracted during the course of his employment. We affirm.

Claimant was first employed as a salaried foreman by Employer in 1962. The contract for hire was made in Monessen, Pennsylvania. Employer's home office is in New York, and it has no Pennsylvania office. Claimant's job as foreman, and later, as a supervisor, required that he travel from job to job in and outside of Pennsylvania. Claimant never worked out of Employer's New York office, but received all assignments at his Pennsylvania residence.

Claimant's managerial position required him to work with industrial bricklayers who lined blast furnaces and open hearths. He was constantly subjected to the hazards of silica and asbestos. Claimant worked for Employer for seventeen years, but, due to cardiac problems, resigned on April 27, 1979.

On February 23, 1984, Michael E. Wald, M.D., examined Claimant and advised him that he was totally

[ 124 Pa. Commw. Page 19]

    disabled due to asbestosis and silicosis. Claimant timely notified Employer and filed for benefits.*fn1

At the referee's hearing, Claimant introduced the testimony of Dr. Wald, which indicated that Claimant's pulmonary disease was totally disabling. Claimant also testified as to the specifics of his employment.

Employer presented the testimony of C. Vaughn Strimlan, M.D. Dr. Strimlan related Claimant's significant history of exposure. Dr. Strimlan described the restrictive pulmonary changes and that the X-ray findings were consistent with silicosis and/or asbestosis, but he did not believe Claimant was totally disabled from the pulmonary ...


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