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Schmeck v. General Battery Corp.

Citations: 49 Pa. Commw. 15; 411 A.2d 264; 1980 Pa. Commw. LEXIS 1080Docket: Appeals, Nos. 1396 to 1400 C.D. 1978

Court: Commonwealth Court of Pennsylvania; January 22, 1980; Pennsylvania; State Appellate Court

Narrative Opinion Summary

The case involves an appeal by former employees of General Battery Corporation, who sought benefits for permanent partial disability due to lead exposure under the Pennsylvania Workmen’s Compensation Act. Initially, a referee awarded benefits, but the Workmen’s Compensation Appeal Board reversed this decision, and the Court of Common Pleas upheld the Board's ruling. The primary legal issue was whether the Claimants had a compensable disability under the Occupational Disease Act. The court emphasized that to establish a disability claim, the Claimants must demonstrate an occupational disease, such as lead poisoning, rather than mere lead exposure or income loss. The Board, as the ultimate fact finder, concluded that the Claimants did not suffer from an occupational disease as they were not diagnosed with lead poisoning. The court affirmed the Board's decision, noting that the medical evidence presented only showed lead absorption, not lead poisoning. Consequently, the order from the Court of Common Pleas of Berks County was affirmed, denying the Claimants' appeal for compensation.

Legal Issues Addressed

Evidence Required to Prove Lead Poisoning

Application: Medical testimony is required to differentiate between lead absorption and actual lead poisoning to establish a compensable claim.

Reasoning: Testimony from Claimants’ medical witness indicated that high blood lead counts alone do not confirm lead poisoning; rather, there’s a need to differentiate between those who have the disease and those who merely absorb lead.

Loss of Income and Compensable Disability

Application: The court clarified that a decrease in earnings alone does not establish compensable disability without evidence of an occupational disease.

Reasoning: Loss of income is only one aspect of determining compensable disability, which also requires evidence of an occupational disease as defined by the Act.

Occupational Disease as Defined by Occupational Disease Act

Application: The court emphasized the necessity of proving an occupational disease to claim disability benefits under the Act, distinguishing it from mere exposure to lead.

Reasoning: Lead poisoning is classified as an occupational disease under Section 108(a) of the Act, but Claimants must demonstrate that they actually suffer from it to establish disability.

Role of the Board as Fact Finder

Application: The Board is the ultimate fact finder under the Occupational Disease Act and can disregard the referee's findings if not supported by substantial evidence.

Reasoning: The Board functions as the ultimate fact finder under the Occupational Disease Act and has the authority to disregard the referee's factual findings.