Bethenergy Mines, Inc. v. Workmen's Compensation Appeal Board

PALLADINO, Judge.

Bethenergy Mines, Inc. (Petitioner) appeals from an order of the Workmen’s Compensation Appeal Board (Board) which affirmed a referee’s decision granting Michael Sebro (Claimant) total disability benefits. We affirm.

Claimant was employed in the coal mining industry for 44 years. Claimant filed a claim petition alleging that he became totally disabled from coal worker’s pneumoconiosis. Following hearings, a referee made the following pertinent finding of fact:

5. Upon consideration of conflicting medical evidence as to causation of the claimant’s disease in this case, and based…