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GRAY v. BETHLEHEM STEEL CO. et al.

Appeal, No. 449 C.D. 1971.

4 Pa.Commw. 590 (1972)

Gray v. Bethlehem Steel Company and Commonwealth.

Commonwealth Court of Pennsylvania.

March 28, 1972.

Attorney(s) appearing for the Case

James K. Thomas, with him Metzger, Hafer, Keefer, Thomas and Wood, for appellant, Bethlehem Steel Company.

Samuel C. Vary and Clyde M. Hughes, Jr., Assistant Attorneys General, for appellant, Commonwealth.

Richard L. Placey, with him Shumaker, Williams & Placey, for appellee.

Argued September 13, 1971, before Judges CRUMLISH, JR., MANDERINO and ROGERS, sitting as a panel of three. Submitted on briefs to President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER and BLATT. Judge MANDERINO did not participate in the decision.

OPINION BY JUDGE ROGERS, March 28, 1972:

This is an appeal from the order of the Court of Common Pleas of Dauphin County setting aside a decision of the Workmen's Compensation Board which had dismissed a fatal claim petition filed by the widow of Thomas K. Gray.

Appellant, Bethlehem Steel Company, employed claimant's decedent as a bricklayer, an occupation in which he was exposed to silica hazard. The decedent last worked as a bricklayer for the appellant...

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