Plasteel Products Corp. v. Commonwealth

379 A.2d 908, 32 Pa. Commw. 405, 1977 Pa. Commw. LEXIS 1126
CourtCommonwealth Court of Pennsylvania
DecidedNovember 17, 1977
DocketAppeal, No. 1882 C.D. 1976
StatusPublished
Cited by27 cases

This text of 379 A.2d 908 (Plasteel Products Corp. v. Commonwealth) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Plasteel Products Corp. v. Commonwealth, 379 A.2d 908, 32 Pa. Commw. 405, 1977 Pa. Commw. LEXIS 1126 (Pa. Ct. App. 1977).

Opinion

Opinion by

Judge Mencer,

The difficult question presented by this appeal from an order of the Workmen’s Compensation Ap[407]*407peal Board (Board) concerns the meaning of the term “injury” in occupational disease cases.

After 32 years of work as an underground coal miner, Robert L. Smith was employed by Plasteel Products Corporation (Plasteel) as a general maintenance man, electrician helper, and batch mixer. During his 11 years of service for Plasteel, Smith was regularly required to operate a machine which, through vibrations, sifted sand from mica. The operation generated moderately thick dust, the exact composition of which was unknown to Smith. The dust would remain in the enclosed building where Smith worked.

In July 1974, Smith felt compelled to leave his employment at Plasteel for reasons of health. In November of that year, he applied for benefits under the occupational disease provisions of The Pennsylvania Workmen’s Compensation Act (Compensation Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §1 et seq. During evidentiary hearings before a referee, it became apparent that, at the time he was employed by Plasteel, Smith was already suffering from a pulmonary condition occasioned by his exposure to coal dust in the underground mines, by inactive pulmonary tuberculosis, and by pulmonary emphysema. No evidence indicated that any disease was generated by conditions at Plasteel. However, medical testimony indicated that Smith’s lungs were subjected to further injury at Plasteel by exposure to noxious dust, that the dust aggravated Smith’s preexisting diseases, that the aggravated diseases were causally related to Smith’s occupation, and that the incidence of the aggravated diseases was substantially greater in his occupation than in the general population.

After the hearings, the referee issued a decision which essentially found the above-mentioned facts [408]*408and which concluded that Smith had met the statutory burdens of proving disability due to injury. The referee’s award of benefits was appealed by Plasteel to the Board. Observing that aggravation of a preexisting disease is included within the definition of injury, the Board affirmed the award. Plasteel’s subsequent appeal to this Court questions the Board’s conclusion of law regarding the definition of injury.

Section 301(c) of the Compensation Act, 77 P.S. §411, provides, in pertinent parts:

(1) The terms ‘injury’ and ‘personal injury,’ as used in this act, shall be construed, to mean an injury to an employe, regardless of his previous physical condition, arising in the course of his employment and related thereto, and such disease or infection as naturally results from the injury or is aggravated, reactivated or accelerated by the injury. . . .
(2) The terms ‘injury,’ ‘personal injury,’ and ‘injury arising in the course of his employment,’ as used in this act, shall include, unless the context clearly requires otherwise, occupational disease as defined in section 108 of this act. . . . (Emphasis added.)

Thus, while it is clear that the term “injury” includes occupational diseases as defined in Section 108,1 it is not clear whether an occupational disease type of harm which does not rise to the level of an independent disease is also included in the term. If the Legislature intended to include such harm, a disease aggravated by the harm must itself be construed to be an injury within the meaning of Section 301(c). Therefore, even though Smith does not suffer from a disease, the occurrence of which can at least in part be [409]*409attributed to conditions at Plasteel,2 if the regular exposure to noxious dust at Plasteel over an 11-year period constituted a pulmonary injury to Smith, his resulting disability will be within the purview of the Compensation Act.

We conclude that the term “injury,” when used in an occupational disease context, was intended to include occupation-related harm which does not amount to a separate occupational disease. Initially, we note that Section 301(c)(2) does not preclude such a construction. Further, we note our obligation to liberally construe the Compensation Act, Millcraft, supra note 2; ISC, supra note 2, so that its humanitarian purpose of protecting workmen is realized. See Workmen’s Compensation Appeal Board v. Overmyer Mold Co., Pa. , 374 A.2d 689 (1977).

However, even under liberal construction, not all harm can be construed to be an injury in the occupational disease sense. Rather, we conclude that, by specifically including occupational diseases as defined in Section 108, the Legislature exhibited an intention to include within the term “injury” only such harm as approximated the defined diseases. In this regard, we note what we discern to be two elements common to all defined diseases: first, a claimant is exposed to the disease by reason of his employment; second, the disease is occupational in nature.3 Therefore, a claimant who does not suffer from an occupational disease, the occurrence of which can at least in part be attributed to the employer, may nevertheless demon[410]*410strate that he sustained a disease-like injury during his employment by proving that he was exposed to harm by reason of his employment and that the harm was occupational in nature.

We hold that Smith has demonstrated that he was exposed to harm by reason of his employment or, stated differently, that the harm was a hazard of his employment and that he was exposed to it.4 We have recently held that a materially identical requirement could be satisfied by a reasonable identification and description of the causative factors, by a demonstration that those factors were significantly present in the claimant’s employment, and by a showing that the claimant was exposed to the significant presence. Fruehauf, supra note 1; see Millcraft, supra note 2. In the instant ease, medical testimony established dust at Plasteel as the factor causing pulmonary harm. The particular dust to which Smith was exposed was generally described by him as arising from the mica-shifting process. In lieu of a statutory requirement of greater specificity,5 we cannot say this description was unreasonable or insufficient. See Millcraft, supra note 2; Fruehauf, supra note 1. Other testimony indicated that the moderately thick dust engendered by the sifting process remained in the air of the enclosed building where Smith worked for 11 years. Thus, he was exposed to a presence significant in both time and amount. Because Smith has reasonably described the causative factors, shown that such factors were significantly present in his employment, and demonstrated that he was exposed to the significant presence, he [411]*411has established the first element of disease-like injury.

We further hold that Smith has demonstrated that the harm he sustained was ocecupational in nature.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Sun Oil Co. v. Workmen's Compensation Appeal Board
626 A.2d 1251 (Commonwealth Court of Pennsylvania, 1993)
Rice v. Workmen's Compensation Appeal Board
588 A.2d 1011 (Commonwealth Court of Pennsylvania, 1991)
Cavallo v. Workmen's Compensation Appeal Board
571 A.2d 1096 (Commonwealth Court of Pennsylvania, 1990)
DeMarco v. Jones & Laughlin Steel Corp.
522 A.2d 26 (Supreme Court of Pennsylvania, 1987)
Leed v. Workmen's Compensation Appeal Board
504 A.2d 433 (Commonwealth Court of Pennsylvania, 1986)
Leed v. WCAB (QUAKER ALLOY CAST. CO.)
504 A.2d 433 (Commonwealth Court of Pennsylvania, 1986)
Riddick v. Workmen's Compensation Appeal Board
499 A.2d 694 (Commonwealth Court of Pennsylvania, 1985)
Arlington Auto Body Service v. Workmen's Compensation Appeal Board
492 A.2d 496 (Commonwealth Court of Pennsylvania, 1985)
Sandusky v. Workmen's Compensation Appeal Board
487 A.2d 1019 (Commonwealth Court of Pennsylvania, 1985)
Lersch v. Workmen's Compensation Appeal Board
487 A.2d 66 (Commonwealth Court of Pennsylvania, 1985)
Hayden v. Workmen's Compensation Appeal Board
479 A.2d 631 (Commonwealth Court of Pennsylvania, 1984)
Pawlosky v. Workmen's Compensation Appeal Board
473 A.2d 260 (Commonwealth Court of Pennsylvania, 1984)
Rettinger v. American Can Co.
574 F. Supp. 306 (M.D. Pennsylvania, 1983)
Stanton v. Ben Rubin Ajax Cleaners-Dyers
460 A.2d 1219 (Commonwealth Court of Pennsylvania, 1983)
Armco Steel Corp. v. Commonwealth
431 A.2d 363 (Commonwealth Court of Pennsylvania, 1981)
Wagner Electric Corp. v. Commonwealth
430 A.2d 701 (Commonwealth Court of Pennsylvania, 1981)
Butler v. Negley House, Inc.
20 Pa. D. & C.3d 543 (Alleghany County Court of Common Pleas, 1981)
Lash v. Workmen's Compensation Appeal Board
420 A.2d 1325 (Supreme Court of Pennsylvania, 1980)
Crucible Steel Corp. v. Commonwealth
415 A.2d 458 (Commonwealth Court of Pennsylvania, 1980)
Rawling v. Commonwealth
414 A.2d 447 (Commonwealth Court of Pennsylvania, 1980)

Cite This Page — Counsel Stack

Bluebook (online)
379 A.2d 908, 32 Pa. Commw. 405, 1977 Pa. Commw. LEXIS 1126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/plasteel-products-corp-v-commonwealth-pacommwct-1977.