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KELLY v. NORTH AM. REFRACTORIES ET AL.

No. 1193 C.D. 1973.

13 Pa.Commw. 321 (1974)

Esther M. Kelly, Widow of Elmer E. Kelly, Deceased, Appellant, v. North American Refractories, Pennsylvania Manufacturers' Association Insurance Co., Insurance Carrier, and the Commonwealth of Pennsylvania, Appellees.

Commonwealth Court of Pennsylvania.

May 2, 1974.

Attorney(s) appearing for the Case

Alexander J. Pentecost, with him Swirles L. Himes, for appellant.

James S. Routch, with him Merle K. Evey and Patterson, Evey, Routch & Black, for appellees, North American Refractories and Pennsylvania Manufacturers' Association Insurance Co.

Samuel C. Vary, Assistant Attorney General, for appellee, Commonwealth of Pennsylvania.

Argued February 8, 1974, before Judges CRUMLISH, JR., WILKINSON, JR. and MENCER, sitting as panel of three.

OPINION BY JUDGE CRUMLISH, JR., May 2, 1974:

Elmer E. Kelly (Kelly) started his career as a laborer in the brickyard of North American Refractories in 1937 and ended it on September 13, 1966, because of "shortness of breath." On December 21, 1966, Kelly filed a claim petition for disability benefits for silicosis under the Pennsylvania Occupational Disease Act, Act of June 21, 1939, P.L. 566, as amended...

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