39 Pa. Commw. 435 | Pa. Commw. Ct. | 1978
Opinion by
The Commonwealth of Pennsylvania has appealed from an order of the Court of Common Pleas of Centre County affirming an award of benefits to George A. College (claimant) pursuant to Section 301 (i) of The Pennsylvania Occupational Disease Act (Act), Act of June 21, 1939, P.L. 566, as amended, added by Section 4 of the Act of November 10, 1965, P.L. 695, 77 P.S. §1401 (i). We reverse.
The relevant facts are not in dispute and can be briefly stated. The claimant was employed as a la
The sole issue before us is the proper interpretation of Section 301 (i), which provides, inter alia, as follows:
(i) Notwithstanding any other provisions of this act, compensation for silicosis, anthracosilicosis, coal worker’s pneumoconiosis, and asbestosis shall be paid for each month beginning with the month this amending act becomes effective, or beginning with the first month of disability, whichever occurs later, at the rate of seventy-five dollars ($75) per month, to every employe totally disabled thereby as a result of exposure thereto, who has not theretofore been compensated because his claim was barred by any of the time limitations prescribed by this act, and shall continue during the period of such total disability. . . . All such compensation to those whose last exposure precedes the effective date of this amending act shall be paid by the Commonwealth. (Emphasis added.)
At the time of claimant’s employment in the coal mines, Pennsylvania had no occupational disease statute, and The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S.
The Act, as currently in effect, also contains a number of time limitations which operate to bar the claims of employees otherwise covered by the Act. For example, under Section 301(e), 77 P.S. §1401 (c), a claimant must become disabled within four years of his last employment in the hazardous industry to be eligible for compensation. In addition, Section 301 (d), 77 P.S. §1401 (d), requires an exposure of at least two years in the ten years preceding the date of disability.
In 1965, Section 301 (i) was added to the Act and provided a benefit of $75 per month to those who had theretofore been ineligible because of such “time limitations.”
In onr view, however, claimant belongs to that class of claimants who were never subject to the Act because they and their employers never elected to accept its provisions. It is true that, if the claimant had remained employed after October 1, 1939, he and his employer.would have been conclusively presumed, under Section 302(a), to have accepted the Act unless the employer had specifically rejected it in the manner prescribed by that section. Claimant is apparently arguing that the October 1, 1939 date specified in Section 302(a) is a “time limitation” similar to those mentioned above. However, this claimant’s status is in no material respect different from that of a claimant who is ineligible because his employer specifically rejected the Act and who would clearly be entitled to no relief under Section 301 (i). Certainly, such a claimant would be as much in need of relief as the present claimant, and we do not believe the legislature intended to treat the two kinds of claims-differently.
Claimant has referred us to a resolution of the Pennsylvania House of Representatives which appears to support his construction of Section 301 (i).
Order reversed and benefits denied.
Order
And Now, this 27th day of December, 1978, the order of the Court of Common Pleas of Centre County, dated November 18, 1977, affirming an order of the Workmen’s Compensation Appeal Board granting occupational disease benefits to George A. College, is hereby reversed, and said benefits are hereby denied.
The first occupational disease law was enacted in 1937, in the form of a supplement to The Pennsylvania Workmen’s Compensation Act, but was repealed in 1939, when the legislature enacted the complete and separate statutory system for occupational diseases which has prevailed, as amended, until the present time. See generally 1 A. Barbieri, supra, §2.01.
Section 301 (j) of the Act, added by Section 1 of the Act of November 28, 1969, P.L. 312, 77 P.S. §1401(j), increases the benefit granted by Section 301 (i) by $25 per month.
This resolution reads in part as follows:
RESOLVED, That the House of Representatives declares that the additional payments provided were intended ... to cover every person suffering from silicosis, anthraeosilicosis or coal worker’s pneumoconiosis who has been exposed to the hazard in Pennsylvania for two or more years, without regard to the time of exposure, so • that any one so exposed prior to 1938 would be eligible to receive such additional payments. . . .
H.R. Res. of June 14, 1966, 1966 Legislative Journal-House 329 (1966).