179 Pa. Super. 538 | Pa. Super. Ct. | 1955
Opinion by
Rinaldo Ciabattoni seeks compensation under the Pennsylvania Occupational Disease Act.
Appellee has moved to quash, citing Wilk v. Budd Co., 174 Pa. Superior Ct. 108, 100 A. 2d 127. In that case the testimony before the Board was inadequate to enable it to reach a just conclusion. We therefore held that an order of the Court of Common Pleas remitting the record to the Board was interlocutory and not appealable. However, the case at bar presents a different situation. Here the order directs the Board to make “an express finding of the time when the claimant became conscious that he was totally disabled by silicosis”. The effect of the order was that, if claimant first became conscious of the reason for his disability within one year prior to filing his petition, the Board should make an award, regardless of the date, however remote, upon which the disability actually began. Such order was clearly erroneous as a matter of law, and the appeal was properly taken therefrom. See Messikomer v. Baldwin Locomotive Works, 178 Pa. Superior Ct. 537, 115 A. 2d 853.
The question presented by this appeal may be thus stated: Where a claimant becomes totally disabled, but has no knowledge of the fact that his disability is the result of an occupational disease until the limitation of one year set forth in section 315 has expired, is his claim for compensation barred? As previously indicated, we have concluded that this question must be answered in the affirmative.
The court below relied upon our decisions construing section 311 of the Act (77 PS 1411), which pro
Claimant now contends that he was not informed by the employer’s doctor of the true reason for his condition, and that he was therefore “the victim of a benign deception in part intentional and in part perhaps unintentional”. He argues that this “amounted to a fraud” upon him, and that the defense of the statute of limitations should therefore not be available to the
The motion to quash is overruled. The order of the court below is reversed, and judgment is here entered in favor of the appellants.
Act of June 21, 1939, P. L. 566, 77 PS 1201 et seq.
“In cases of disability all claims for compensation shall be forever barred, unless, within one year after the disability begins, the parties shall have agreed upon the compensation payable under this article, or unless, within one year after the disability begins, one of the parties shall have filed a petition as provided in article four hereof”.