19 Pa. Commw. 499 | Pa. Commw. Ct. | 1975
Opinion by
The issue to be determined in this case is what degree of proof is needed to show, for purposes of a Workmen’s Compensation award, that disability resulted in whole or in part from exposure to the hazards of an occupational disease occurring after June 30, 1973. In the 1972 amendments to the Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P. L. 736, as amended, 77 P. S. §1 et seq. (Act), the Legislature added to the definition of injury
The Commonwealth argues that the referee and the Board committed an error of law when they awarded the claimant compensation without evidence on the record of the causal relationship between the exposure to the hazard of an occupational disease occurring after June 30, 1973, and the claimant’s disability. In essence, they say the Act requires direct medical testimony of the relationship between the post June 30, 1973 exposure and the claimant’s disability. We disagree with this reading of the statute.
Section 301(c) (2), 77 P. S. §411(2), reads: “.. .this paragraph shall apply only with respect to the disability or death of an employe which results in whole or in part from the employe’s exposure to the hazard of an occupational disease after June 30, 1973. . . .” (Emphasis supplied.) The uncontradicted medical testimony shows the claimant’s total disability resulted from the cumulative exposure to a silica hazard during the 37 or 38 years he
The Commonwealth further argues that a specific finding by the referee of the causal relationship between claimant’s exposure after June 30,1973, and the disability is required to sustain the award. We disagree. Since the medical testimony is that the total exposure caused the disability, and since part of that total exposure occurred after June 30, 1973, it is axiomatic that the disability resulted in part from the exposure after June 30, 1973. We hold that an exact finding of the causal connection broken down by dates is not necessary. The findings as made are sufficient to support the legal conclusions drawn therefrom.
Accordingly, we enter the following
Order
Now, June 5, 1975, the order of the Workmen’s Compensation Appeal Board, dated January 9, 1975, affirming the referee’s award of compensation to Anthony T. Klebick, is hereby affirmed.
. Section 301(c)(2) added by the Act of October 17, 1972, P. L. 930, 77 P.S. §411(2) (Supp. 1974-1975) (Act 223).
. Section 108(q) added by the Act of December 6, 1972, P. L. 1627, 77 P. S. §27.1(q) (Supp. 1974-1975).