42 Pa. Commw. 647 | Pa. Commw. Ct. | 1979
Opinion by
Arco 'Polymers, Inc. (Employer) and its insurer have appealed from an order of the Workmen’s Compensation Appeal Board (Board) affirming a referee’s award of benefits to Shirley Croston (Claimant) by reason of a determination that Claimant became totally disabled by anthracosilicosis on May 29, 1975, as a result of his “cumulative” exposure to coal and other noxious dust, smoke and fumes which “emanated” from various operations in Claimant’s work area. Given the date and nature of the disability, the referee assessed 50% of the liability for compensation on Employer pursuant to Section 305.1 of The Pennsylvania Workmen’s Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, added by Section 2 of the Act of December 6, 1972, P.L. 1627, as amended, 77 P.S. §411.1. While Employer raises several issues on appeal, the sole issue raised before the Board and, hence, the only issue we are obliged to address, relates to whether the referee’s determination is supported by substantial evidence.
Having carefully reviewed the record, we are satisfied that the referee’s determination is supported by
With regard to his exposure to a hazard after June 30, 1973, all the Claimant was obliged to show was that his exposure after that date contributed to his disability, no matter how slightly. See Workmen’s Compensation Appeal Board v. Commonwealth, 19 Pa. Commonwealth Ct. 499, 338 A.2d 758 (1975). Not only was there evidence that Claimant was exposed to coal and other noxious dust, smoke and fumes after June 30, 1973, but Claimant’s medical witness specifically testified that this exposure contributed to Claimant’s disability. Indeed, as the Board accurately noted, Employer’s evidence, taken by itself, merely established that the hazard levels had been reduced after June 30, 1973, not that they had been eliminated. We affirm.
Order
And Now, this 22nd day of May, 1979, the order of the Workmen’s Compensation Appeal Board dated May 4, 1978, affirming a referee’s award of benefits to Shirley Croston, is hereby affirmed and judgment is entered on the award. The employer, Arco Polymers, Inc., and/or its insurer, Underwriters Adjust
The above award against the employer and/or its insurer only shall bear interest on all deferred payments of compensation at the statutory rate of ten percent (10%) per annum.
The employer and/or its insurer are further directed to pay attorney fees in accordance with the referee’s order in the above-captioned matter dated June 6, 1977.
Before the Board, this issue was phrased in terms of whether the referee improperly failed to consider rebuttal evidence introduced by Employer.
With regard to Employer’s test results relating to dust levels, for example, the referee found as follows:
22. Your Referee finds that the dust sampling tests taken during the period May 28, 1976 through June 3, 1976 are of little consequence, especially in view of the fact that