 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Dombrosky v. Workers' Compensation Appeal Board2/22/2002
Clarence Dombrosky (Claimant) petitions for review of the order of the Workers' Compensation Appeal Board (Board) affirming the decision of a Workers' Compensation Judge denying a claim petition filed by Claimant, and denying a fatal claim petition filed by Mary Dombrosky (Widow), pursuant to the provisions of the Pennsylvania Workers' Compensation Act (Act). We affirm.
On June 13, 1997, Claimant filed a claim petition for benefits in which he alleged, inter alia, that he had sustained cancer or mesothelioma as a result of daily exposure to asbestos while in the course and scope of his employment with USX Corporation (Employer). The claim petition also stated that, as the claim was based on an occupational disease, the last date of employment and/or last date of exposure was October 31, 1996. On July 18, 1997, Employer filed an answer to the claim petition denying all of the material allegations raised therein.
On April 6, 1998, Widow filed a fatal claim petition for benefits in which she alleged, inter alia, that Claimant died on December 12, 1997 as a result of an occupational disease compensable under Section 108(l) of the Act. Widow alleged that Claimant was last exposed in a hazardous occupation to the occupational disease of which he died on October 31, 1996. On March 30, 1998, Employer filed an answer to the fatal claim petition denying all of the material allegations raised therein.
The claim petition and the fatal claim petition were consolidated and hearings were conducted before the WCJ. At the hearings, the parties entered into a stipulation of facts. In addition, in support of the petitions, Claimant testified through deposition and presented the deposition testimony of Richard D. Shusterman, M.D., a physician board certified in internal medicine, pulmonary medicine, critical care medicine and sleep disorders medicine. Claimant also presented the deposition testimony of James Coon, a former co-worker. In opposition to the petitions, Employer presented the deposition testimony of John R. Cohn, M.D., a physician board certified in internal medicine, pulmonary medicine and allergy and immunology.
On July 30, 1999, the WCJ issued a decision and order disposing of the petitions in which she made the following relevant findings of fact:
10. The parties entered into a Stipulation of Facts. In that Stipulation, the parties agreed to the following facts:
(1) Claimant began his employment with Employer USX on 1/14/55.
(3) Claimant was last physically present in the workplace and working on 10/16/96.
(13) If Claimant's disability is deemed work-related, his "date of injury" would be 10/16/96, the date of his last employment with Employer; both the Claim Petition and the Fatal Claim Petition are governed by Act 57 of 1996.
14. laimant testified the first job he held for Employer was a "bander on the combination line", where he was exposed to pipe covering on steam pipes. Claimant testified that when the crane was running, they'd be breaking off the pipe covering; it would fall to the floor and be "flying around" where he was working... Claimant testified that when the pipefitters replaced the pipe covering, the box they took the pipe covering from was marked "asbestos" pipe covering. Claimant testified that white dust fell down from the pipe covering and the blowers on the heaters would blow the dust where Claimant was working. Claimant testified that he was exposed to the dust 8 hours per day. Claimant worked as a bander for one year, and then was transferred to the finishing department as a general labor man, cleaning up after the pipe fitters got done working with the pipe coveri
Page 1 2 3 4 5 Pennsylvania Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|