81 Pa. Commw. 270 | Pa. Commw. Ct. | 1984
Opinion by
This is an appeal by claimant Prank Pawlosky from an order of the Workmen’s Compensation Appeal Board which affirmed the referee’s denial of his claim for benefits under The Pennsylvania Workmen’s Compensation Act (Act).
Pawlosky filed his petition on November 7, 1977, claiming a disability caused by an ‘ ‘occupational disease” as defined in Section 108 of the Act.
Pawlosky does not quarrel with the referee’s findings. Indeed, he concedes that he did not present any proof that the injury on which he based his claim occurred with substantially greater frequency in his occupation than in the general population. Bather, the ■thrust of Pawlosky’s argument is that Ms eligibility for compensation is established by the referee’s finding that he was rendered totally disabled by aggravation of a pre-existing medical condition caused by caustic substances to which he was exposed in the workplace. He asserts that Ms eligibility was established under the general compensation provisions of the Act, and that it was error for the compensation authorities to determine Ms claim under .the standards which apply to occupational diseases. We agree.
(1) The terms “injury” and “personal injury”, as used in this act, shall be construed to mean an injury to an employe, regardless of his previous physical condition, arising in the course of his employment and related thereto, and such disease or infection as naturally results from the injury or is aggravated, reactivated or accelerated by the injury. . . . (Emphasis added.)
Thus, it is clear on the basis of our decision in Stanton that the Board erred in applying occupational disease standards to the injury upon which Pawlosky bases his claim.
Furthermore, it is clear that the findings of the referee establish that Pawlosky suffered an “injury” as defined in Section 301(c) of the Workmen’s Compensation Act. In Plasteel Products Corp. v. Workmen’s Compensation Appeal Board, 32 Pa. Commonwealth Ct. 405, 379 A.2d 908 (1977), we held that the
Accordingly, we reverse the Order of the Board, and remand this ease with directions that the Board enter an award of benefits.
Order
And Now, tMs 2nd day of April, 1984, the order of the Workmen’s Compensation Appeal Board, Docket No. A-79849, dated December 31,1981 is reversed, and the Board is directed to enter an award of benefits to claimant.
Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §§1 et seq.
77 P.S. §27.1. Section 108 was added by Section 1 of the Act of October 17, 1972, P.L. 930.
In workmen’s compensation cases, amendments of claim petitions are to be liberally allowed; and a petition may be amended even at the time of the referee’s hearing if there is mo change in the facts underlying the claim. Findlay Refractories v. Workmen’s Compensation Appeal Board, 52 Pa. Commonwealth Ct. 454, 415 A.2d 1270 (1980).
As Pawlosky’s disability was not due to one of the “occupational diseases” specified in' Section 108, his condition would be compensable as an “occupational disease” only if he met the “catchall” definition of 'Section 108(n), 77 P.S. §27.1(n). That definition requires a claimant to prove that his condition is one to which he was exposed by reason of his employment and is causally related to the industry or occupation in which he was employed; he must also prove that the incidence of the condition is substantially greater in his industry or occupation than in the general population. McHale v. Workmen’s Compensation Appeal Board, 56 Pa. Commonwealth Ct. 344, 425 A.2d 34 (1981).
Act of June 21, 1939, P.L. 566, as amended, 77 P.S. §§1201 et seq,
77 P.S. §411.