N. L. Industries Inc. v. Workmen's Compensation Appeal Board
N. L. Industries Inc. v. Workmen's Compensation Appeal Board
Opinion of the Court
Opinion by
The sole question raised for our consideration in this workmen’s compensation proceeding, is whether or not there was adequate notice of lead poisoning within the meaning of Section 311 of The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §631.
Claimant was employed by National Lead Industries, Inc., for fifteen years in a lead hazard, with a total employment with that company of twenty years. On November 17, 1975, he reported to the company dispensary with complaints, including a swollen knee, and was there seen by the company physician who directed him to consult his family doctor, who later referred him to a specialist in internal medicine and hematology. He was hospitalized for his condition, diagnosed as lead intoxication, and continues to be disabled therefrom to the present time. He was hospitalized for confirmatory studies from March 4, 1976 through March 13, 1976, under the care of Dr. Manfred I. G-oldwein, an expert witness who gave an unequivocal medical opinion that claimant had contracted his disabling lead poisoning as a result of his
As indicated, the referee made no finding as to notice and when the issue was raised before the Board, it was dismissed with the simple statement that “notice is a question of fact for the referee. ”
To our knowledge, none of the documentation, dispensary records, hospital records or medical records of physicians involved with the claimant have been included in the record of this case. In fact, the referee specifically ruled out three records marked for identification, apparently the reports of three physi
Our comments here go simply to demonstrate that the existence or non-existence of notice or knowledge as an issue in this case could readily have been, and may be, resolved at the referee level. Since this case has been in litigation since 1976, it is most regrettable that these opportunities went begging. Also, there could be further clarification in the record and, possibly, a finding on claimant’s alternate contention that he was not aware of his condition until March of 1976 and that, therefore, the notice period in Section 311 did not begin to run until that date, Republic Steel Corp. v. Workmen’s Compensation Appeal Board, 47 Pa. Commonwealth Ct. 74, 407 A.2d 117 (1979), so that even the notice provided by filing the claim petition on June 10, 1976, would have been in time to satisfy the requirements of Section 311.
Since all this leads us to the conclusion that the ultimate factual disposition of this question must remain for the referee, with deep regret, we must remand.
On the remand, as requested by claimant, the allocation of counsel fees between present counsel and claimant’s prior one can be addressed and an appropriate order entered by the referee on what appears to be an amicable solution reached by the successive attorneys.
Order,
And Now, this 25th day of May, 1983, the decision of the referee and the affirmance thereof by the Work
Quoted from opening sentence in paragraph, marked “RECORD” in Referee’s Decision of March 26, 1979, although not included in the record available to us.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.