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BETHLEHEM MINES CORPORATION v. WORKMEN'S COMPENSATION APPEAL BOARD (KUZO (05/02/89)

decided: May 2, 1989.

BETHLEHEM MINES CORPORATION, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (KUZO, DECEASED), RESPONDENTS



Appeal from the order of the Workmen's Compensation Appeal Board, in the case of Joseph Kuzo, Deceased, Mary Kuzo, Widow v. Bethlehem Mining Corp., No. A-93530.

COUNSEL

James E. Pocius, for petitioner.

Robert J. Gillespie, Sr., Mylotte, David & Fitzpatrick, for respondent.

President Judge Crumlish, Jr., Judge Colins, and Senior Judge Narick, sitting as a panel of three. Opinion by Senior Judge Narick.

Author: Narick

[ 125 Pa. Commw. Page 543]

This is an appeal by Bethlehem Mines Corporation (Employer) from a decision of the Workmen's Compensation Appeal Board (Board) affirming a referee's award of

[ 125 Pa. Commw. Page 544]

    benefits to Mary Kuzo (Claimant). For the reasons which follow, we affirm.

Claimant, widow of John Kuzo (Decedent), filed a fatal claim petition alleging that her husband's death resulted from coal miner's disease. Decedent had been employed in the coal mining industry for approximately forty years. On January 3, 1978, he retired from his work in the coal industry and on August 18, 1978 by decision and order of a referee, he was awarded compensation benefits for disabling anthracosilicosis. Decedent received these benefits until his death on February 19, 1984.*fn1

At the hearing before the referee, Claimant presented the testimony of Dr. Carmen C. McGinley, Decedent's treating physician at the time of his death. The following testimony by Dr. McGinley was relied upon by the referee in his decision to award benefits to Claimant:

Q: Can you say with reasonable medical certainty, Doctor, whether or not you feel that this man had a respiratory condition which was either anthracosilicosis or pneumoconiousis [sic]?

A: Well, I can say with reasonable certainty that he had a respiratory condition that was in part caused by his work exposure, and I ...


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