38 Pa. Commw. 105 | Pa. Commw. Ct. | 1978
Opinion by
The employer and its insurance carrier (petitioners) appeal an order of the Workmen’s Compensation Appeal Board (Board) affirming a decision of the referee in favor of respondent (claimant) pursuant to Section 108 (i) of The Pennsylvania Workmen’s Compensation Act (Workmen’s Compensation Act), Act of June 2, 1915, P.L. 736, as amended, added by Section 1 of the Act of October 17, 1972, P.L. 930, as amended, 77 P.S. §27.1 (i). We affirm.
Claimant had been employed by the petitioner, Penntube Plastics Company, for a period of eight years as an inspector of plastic tubing which petitioner manufactures. It is undisputed that claimant suffered contact dermatitis of the hands due to their
On August 19, 1974, claimant filed a petition for occupational disease benefits under The Pennsylvania Occupational Disease Act, Act of June 21, 1939, P.L. 566, as amended, added by Section 1 of the Act of December 10, 1959, P.L. 1746, as amended, 77 P.S. §1208 (i). On July 23, 1975, a second claim petition was filed by claimant under the Workmen’s Compensation Act. Hearings were held May 8, 1975, July 9, 1975 and May 4, 1976.
At the hearings, claimant testified that from 1966 to 1971 she was treated by her family physician for the skin eruptions on her hands, but that she first learned that she was allergic to polyethylene when she was referred to a dermatologist by her employer in 1971. Claimant testified she sometimes wore gloves at work which alleviated her condition somewhat, but that she was unable to properly inspect the tubing while wearing gloves. Claimant’s dermatologist testified that the allergic reaction to polyethylene developed during contact with the raw material of the plastics manufacturing process and that the dermatitis was due to contact with polyethylene. He further
The referee dismissed the claim petition for an occupational disease on the ground that claimant’s exposure to polyethylene had extended beyond June 30, 1973,
On appeal to this Court, petitioners have framed the following question for our review: Is an inflammation of the skin due to polyethylene an occupational disease within the meaning of Section 108 (i) of the Workmen’s Compensation Act where the inflammation would not have been contracted by the claimant but for the fact that she had an underlying immunological disease or predisposition to an allergic reaction? Section 108(i) provides:
The term ‘occupational disease,’ as used in this act, shall mean only the following diseases.
(i) Infection or inflammation of the skin due to oils, cutting compounds, lubricants, dust, liquids, fumes, gasses, or vapor, in any occupation involving direct contact with, handling thereof, or exposure thereto.
Accordingly, we will enter the following
Order
And Now, October 12,1978, the order of the Workmen’s Compensation Appeal Board, No. A-72595, dated June 16,1977, is hereby affirmed, and it is ordered that judgment be entered in favor of Virginia Dunlap and against Penntube Plastics Company and/or Michigan Mutual Insurance Company, in the sum of $75.45 per week, beginning March 1, 1974 and continuing thereafter during continuance of the total disability, together with interest at the rate of 10 per cent per
■ Penntube Plastics Company and/or its insurance carrier is also directed to pay medical and hospital expenses if and when the same shall or may accrue.
See Section 301(c) (2) of the Workmen’s Compensation Act, 77 P.S. §411(2).
Id.