FIELDS v. W.C.A.B. (DUQUESNE L.C.)

No. 3383 C.D. 1986.

114 Pa.Commw. 645 (1988)

539 A.2d 507

Omer Fields, Petitioner v. Workmen's Compensation Appeal Board (Duquesne Light Company), Respondents.

Commonwealth Court of Pennsylvania.

March 28, 1988.


Attorney(s) appearing for the Case

Alexander J. Pentecost, with him, Amiel B. Caramanna, Jr., for petitioner.

John J. B. Jones, Baskin, Flaherty, Elliott & Mannino, P.C., for respondent.

Submitted on briefs October 5, 1987, to Judges CRAIG, DOYLE, and BARRY, sitting as a panel of three.


OPINION BY JUDGE BARRY, March 28, 1988:

Omer Fields (claimant) appeals from an order of the Workmen's Compensation Appeal Board (Board) which affirmed a referee's decision granting a motion to dismiss of Duquesne Light Company (the employer). We reverse and remand for a decision on the merits.

The claimant was employed by the employer as a coal miner from August 17, 1948 through October 27, 1980. He has had no coal dust exposure since October 27, 1980. The...

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