FINDLAY REFRACTORIES ET AL. v. W.C.A.B. ET AL.

No. 341 C.D. 1978.

52 Pa.Commw. 209 (1980)

Findlay Refractories and Argonaut Insurance Company, Petitioners v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Clarence A. Wright, Respondents.

Commonwealth Court of Pennsylvania.

June 18, 1980.


Attorney(s) appearing for the Case

Raymond F. Keisling, Will & Keisling, for petitioners.

C. Jerome Moschetta, for respondent.

Sandra S. Christianson, Assistant Attorney General, for respondent, Department of Labor and Industry.

Argued May 8, 1980, before Judges ROGERS, BLATT and WILLIAMS, JR., sitting as a panel of three.


OPINION BY JUDGE ROGERS, June 18, 1980:

Findlay Refractories and Argonaut Insurance Company, Findlay's workmen's compensation insurance carrier, have appealed from a decision of the Workmen's Compensation Appeal Board affirming a referee's award of benefits to Clarence A. Wright.

The appellants present but one question: "Did the claimant properly establish the existence of a silica hazard at the defendant-employer's plant after July 1, 1973?"

Findlay...

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