Carrier Coal Enterprises v. Workmen's Compensation Appeal Board

Opinion by

Judge Smith,

Carrier Coal Enterprises (Employer) appeals from a Workmen's Compensation Appeal Board (Board) decision affirming the referees award of benefits to John B. Balia (Claimant) under The Pennsylvania Occupational Disease Act (Act).1 Questions presented for review pertain to the referees determination as to when notice of Claimants disability was given to Employer and whether the referee exceeded the scope of the Boards remand order.

Claimant was employed as a fireman and pump operator for Employer from December, 1975 until May 31, 1977.2 He initially filed a claim petition…