Bethlehem Mines Corp. v. Commonwealth

Opinion by

Judge MacPhail,

Bethlehem Mines Corporation-Grace Mines (Employer) has appealed1 from a determination of the Workmen’s Compensation Appeal Board (Board) which affirmed a referee’s award of total disability *406benefits to Bernard J. Yotko (Claimant). The referee awarded benefits for disability resulting from silicosis which arose out of his employment with Employer, as provided by Section 108 (k) of the Pennsylvania Workmen’s Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §27.1(k).2

In cases such as this, where the party with the burden of proof has prevailed…