Citation Numbers: 43 A.2d 604, 157 Pa. Super. 322
Judges: OPINION BY HIRT, J., July 19, 1945:
Filed Date: 4/11/1945
Status: Precedential
Modified Date: 1/13/2023
Argued April 11, 1945.
Claimant had been exposed to a silica hazard in his employment with defendant corporation for more than *Page 323
eight years prior to January 20, 1938. After that date he was unable to work because of disability from silicosis. He did not have a compensable claim under the Occupational Disease Compensation Act of July 2, 1937, P.L. 2714, then in force, because his disability was but partial. In January 1939, he brought an action in trespass against his employer in which a compulsory nonsuit was entered against him, on the authority ofMoffett v. Harbison-Walker Co.,
The employment of claimant with defendant corporation ended January 20, 1938. The relation between claimant and his employer was contractual (McIntyre v. Lavino Co.,
The development of silicosis in an employee, in a sense, is the accident, identifying the employer who *Page 324
ultimately may be responsible for it if the other statutory requirements are fulfilled. But under § 5 of the 1937 act no compensation became payable until the disability had progressed from partial to total. The same provision appears in § 301(e) of the 1939 act. In Jones v. Phila. Reading C. I. Co.,
Claimant's action is within the limitations of the act. He suffered from silicosis on the date of his last employment, satisfying the provision of § 301(c), and his petition was filed within one year after total disability began, in accordance with § 315 of the act.
Judgment affirmed. *Page 325
McIntyre v. Lavino Co. , 344 Pa. 163 ( 1942 )
Moffett v. Harbison-Walker Co. , 339 Pa. 112 ( 1940 )
Jones v. Phila. Reading C. I. Co. , 154 Pa. Super. 465 ( 1943 )
Heinrich v. Commonwealth , 166 Pa. Super. 97 ( 1950 )
Holahan v. Bergen Coal Co. , 164 Pa. Super. 177 ( 1948 )
Bingaman v. Baldwin Locomotive Works , 159 Pa. Super. 29 ( 1946 )
Heinrich v. Commonwealth , 166 Pa. Super. 97 ( 1949 )
Gaydosh v. Richmond Rad. Co. , 164 Pa. Super. 154 ( 1948 )
Anderson v. Schroeder Monumental Wks. , 159 Pa. Super. 620 ( 1946 )
Sierzega v. United States Steel Corp. , 204 Pa. Super. 531 ( 1964 )