This is a workmen’s compensation case under the Occupational Disease Act of June 21, 1939, P. L. 566, as amended, 77 PS §1401. The board, in affirming the referee, disallowed claimant’s petition for compensation for the amputation of his right index finger caused by X-ray burns. Claimant appeals to this court from the decision of the board.
Certain facts appear to be undisputed. Claimant, a licensed dentist, had been employed by defendant, an advertising dentist, for over 20 years. Until December
Prior to this petition claimant had received two separate compensation awards for the amputation of the middle finger and the ring finger, respectively, of his right hand. Those amputations were caused by X-ray burns. Claimant signed a final receipt acknowledging payment of compensation in accordance with the two prior awards. • It is our opinion that the final receipt signed by claimant does not preclude his present claim, since it is for an entirely different loss, to wit, his right index finger, whereas the prior awards were for two other fingers of that hand.
The board decided as a matter of law that petitioner’s claim was barred because of the following provision in subsection 2 (c) of section 301:
“Compensation for the occupational diseases enumerated in this act shall be paid only when such occupational disease is peculiar to the occupation or industry in which the employee was engaged, and not common to the general population. Wherever compensable disability or death is mentioned as a cause for compensation under this act, it shall mean only compensable disability or death resulting from occupational disease and occurring within three years after the date of his last employment in such occupation or industry.”
It is to be borne in mind that the act lists as an occupational disease, “Radium poisoning or disability, due to . . . Roentgen-ray (Xrays) in any occupation involving direct contact with, handling thereof, or exposure thereto”: Section-108(/). This language appears to cover any number of occupations in which work with X-rays is directly or indirectly involved.-
It is apparent that the board properly assumed; although the referee did not expressly find, that the loss
This conclusion is in keeping with the policy of our appellate courts of giving this remedial statute a liberal interpretation. in favor of claimants. See, for instance, Nickolay v. Hudson Coal Company, 164 Pa. Superior Ct. 550, 552 (1949), where Judge Reno said:
“We are dealing.with a statute which must be liberally construed to effectuate its remedial and humanitarian purposes, and a claimant can be debarred from its benefits only by a finding of fact which definitely and expressly excludes him.”
Also Roschak et ux. v. Vulcan Iron Works, 157 Pa. Superior Ct. 227, 236 (1945) where Judge Dithrich declared:
“The rule is universally accepted that statutes like the one under consideration are to be liberally construed in favor of the employee.”
In accordance with the provisions of the act, we hereby remit the record to the board for more specific findings of fact, since the findings of the referee and the board are, in our opinion, insufficient to enable us to decide the questions of law raised by the appeal.
