Source

The provisions of this § 111.44 adopted January 1, 1970; reserved November 6, 1981, effective November 7, 1981, 11 Pa.B. 4015. Immediately preceding text appears at serial page (113055).

Notes of Decisions

Authority

Although claimant had filed his claim without showing that the incidence of the condition complained of was greater in his occupation than in the general population, the referee was authorized under 34 Pa. Code § 111.44(c) to grant relief. Rightly v. Workmen’s Compensation Appeal Board, 509 A.2d 905 (Pa. Cmwlth. 1986).

Remand

Case remanded where Workmen’s Compensation Appeal Board had failed to act on claimant’s request for leave to amend his claim petition to come within section 301(c) of the Pennsylvania Workmen’s Compensation Act and where referee had found that work-related gases and dust had aggravated pre-existing lung condition to point of total disability. Sandusky v. Workmen’s Compensation Appeal Board, 487 A.2d 1019 (Pa. Cmwlth. 1985).