Opinion
Argued May 8, 1975
June 5, 1975.
Workmen's compensation — Occupational disease — Anthraco-silicosis — Causation — Medical testimony.
1. An award of disability benefits is sufficiently supported by the evidence when competent medical testimony establishes that the disability of the employe was in part the result of exposure to the hazard of anthraco-silicosis in his employment after June 30, 1973. [494-5]
Argued May 8, 1975, before Judges CRUMLISH, JR., WILKINSON, JR., and BLATT, sitting as a panel of three.
Appeal, No. 152 C.D. 1975, from the Order of the Workmen's Compensation Appeal Board in case of John J. Pleban v. United States Steel Corporation and Commonwealth of Pennsylvania, No. A-68924.
Petition to Department of Labor and Industry for occupational disease benefits. Benefits awarded. Commonwealth appealed to the Workmen's Compensation Appeal Board. Award affirmed. Commonwealth appealed to the Commonwealth Court of Pennsylvania. Held: Affirmed.
Sandra S. Christianson, Assistant Attorney General, for appellant.
Arthur P. Tonozzi, with him James N. Diefenderfer, for appellees.
This case involves 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, claimant was found to have a permanent total disability caused by anthraco-silicosis. The competent medical evidence relied upon by the referee was that claimant's disability was a result of his total and cumulative exposure to dust in the mines over a period of 32 years. Since claimant was last employed in the mines on September 30, 1973, his exposure to the hazard of an occupational disease after June 30, 1973, caused in part his disability, and the award of compensation was, therefore, proper. Klebick, supra.
Accordingly, we enter the following
ORDER
NOW, June 5, 1975, the order of the Workmen's Compensation Appeal Board, dated January 16, 1975, affirming the referee's award of compensation to John J. Pleban, is hereby affirmed.