Summary
In Workmen's Compensation Appeal Board v. Commonwealth, 19 Pa. Commw. 492, 338 A.2d 760 (1975), an award of death benefits was affirmed based upon a finding that anthraco-silicosis was a "significant contributory factor" in causing the claimant's death.
Summary of this case from Consolidation Coal Co. v. CommonwealthOpinion
Argued May 8, 1975
June 5, 1975.
Workmen's compensation — Occupational disease — Death — Causation — Medical evidence — Heart failure — The Pennsylvania Workmen's Compensation Act, Act 1915, June 2, P.L. 736.
1. An award of death benefits under The Pennsylvania Workmen's Compensation Act, Act 1915, June 2, P.L. 736, is sufficiently supported by the evidence when competent medical testimony establishes that a fatal heart attack was in part the result of the employe's exposure to the hazard of anthraco-silicosis in his employment after June 30, 1973. [493]
Argued May 8, 1975, before Judges CRUMLISH, JR., WILKINSON, JR., and BLATT, sitting as a panel of three.
Appeal, No. 117 C.D. 1975, from the Order of the Workmen's Compensation Appeal Board in case of Marcella Farkas, Widow of Julius Farkas, Deceased, v. Jones Laughlin Steel Corporation and Commonwealth of Pennsylvania, No. A-69077.
Petition with Department of Labor and Industry for workmen's compensation death benefits. Benefits awarded. Commonwealth appealed to the Workmen's Compensation Appeal Board. Appeal dismissed. Commonwealth appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Sandra S. Christianson, Assistant Attorney General, for appellant.
C. Jerome Moschetta, with him James N. Diefenderfer, for appellee.
This case involves substantially the same issue as was raised in Workmen's Compensation Appeal Board and Klebick v. Commonwealth of Pennsylvania, 19 Pa. Commw. 499, 338 A.2d 758 (1975). In this case, the claimant's husband had died on November 28, 1973, as a result of congestive heart failure. The competent medical evidence relied upon by the referee was that the decendent suffered from anthraco-silicosis which was a significant contributory factor in causing his death. Since Section 301(c)(2) of the Act covers the disability or death of an employee, and since decedent's post June 30, 1973 exposure caused in part that death, the compensation award to the appellee was proper. Klebick, supra.
Pennsylvania Workmen's Compensation Act, Act of June 2, 1915, P. L. 736, as amended, 77 P. S. § 411(2) (Supp. 1974-1975).
Accordingly, we enter the following
ORDER
NOW, June 5, 1975, the order of the Workmen's Compensation Appeal Board, dated January 6, 1975, affirming the referee's award of compensation to Marcella Farkas and Julius Farkas, Jr., is hereby affirmed.