Summary
In Gronski v. Jeddo-Highland Coal Co., 168 Pa. Super. 605, 81 A.2d 590, the question was again who should pay compensation to which the claimant was entitled under the Occupational Disease Act.
Summary of this case from Pekorofsky v. Glen Alden Coal Co.Opinion
March 28, 1951.
June 25, 1951.
Workmen's compensation — Occupational diseases — Liability of successive employers — Date of last exposure — Date of total disability — Pennsylvania Occupational Disease Act.
1. Under The Pennsylvania Occupational Disease Act, as amended, it is the last exposure of the employe to the occupational hazard which imposes liability, and the employe's right to compensation is complete when total disability occurs.
2. Karoly v. Jeddo-Highland Coal Company, 166 Pa. Super. 571, followed.
Before RHODES, P.J., HIRT, RENO, DITHRICH, ROSS, ARNOLD and GUNTHER, JJ.
Appeal, No. 38, Feb. T., 1951, from decision of Court of Common Pleas of Luzerne County, March T., 1950, No. 1230, in case of Simon Gronski v. Jeddo-Highland Coal Company and State Workmen's Insurance Fund. Judgment affirmed.
Appeal by State Workmen's Insurance Fund from award by Workmen's Compensation Board under The Pennsylvania Occupational Disease Act.
Appeal sustained and award entered solely against employer, before APONICK, FLANNERY and PINOLA, JJ., opinion by FLANNERY, J. Employer appealed.
John H. Bigelow, for appellant.
C.H. Whitehouse, Assistant Counsel, with him Thomas L. Kennedy, Jr., S.H. Torchia, Assistant Counsel, Ralph H. Behney, Counsel, and Charles J. Margiotti, Attorney General, for appellee.
Argued March 28, 1951.
The sole question involved in this appeal is: Who shall pay the compensation to which claimant admittedly is entitled? In our opinion the case is ruled squarely by Karoly v. Jeddo-Highland Coal Co., 166 Pa. Super. 571, 73 A.2d 214. The controlling question in both cases is the same, to wit: When does liability become fixed? In the Karoly case, speaking through RENO, J., we said unequivocally (p. 573): "The employe's last exposure to the occupational hazard imposes liability and his right to compensation is complete when total disability occurs." (Emphasis added.) It follows that since the last exposure in this case was on June 18, 1946, when claimant last worked for the Jeddo-Highland Coal Company, and prior to September 1, 1946, the date of issue of the insurance policy of the State Workmen's Insurance Fund, the former and not the latter is liable.
Judgment affirmed.