CIABATTONI v. BIRDSBORO S.F. & MACH. CO.


179 Pa.Super. 538 (1955)

Ciabattoni v. Birdsboro Steel Foundry and Machine Company et al., Appellants.

Superior Court of Pennsylvania.

November 16, 1955.


Attorney(s) appearing for the Case

John D. Glase, with him Stevens & Lee, for employer and insurance carrier, appellants.

C.A. Whitehouse, Associate Counsel, with him Ralph H. Behney, Counsel, and Herbert B. Cohen, Attorney General, for Commonwealth, appellant.

Mark C. McQuillen, with him Angelo J. Baro, for appellee.

Before RHODES, P.J., HIRT, ROSS, GUNTHER, WRIGHT, and ERVIN, JJ. (WOODSIDE, J., absent).


OPINION BY WRIGHT, J., November 16, 1955:

Rinaldo Ciabattoni seeks compensation under the Pennsylvania Occupational Disease Act.1 On January 4, 1954, he filed a claim petition containing the following averment: "I became totally disabled as the result of silicosis on 22nd day of December 1952". Answers were filed by the employer and by the State Workmen's Insurance Board asserting that, since the action was not brought within one year...

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