Greer v. United States Steel Corp.

Dissenting Opinion by

Spaeth, J.:

In my view, there are two reasons why the motion for judgment on the pleadings should not be granted: (l) there is an unresolved question of fact; and (2) although arguably the Occupational Disease Act, Act of June 21, 1939, P.L. 566, 77 P.S. §1201 et seq., requires that this issue of fact be resolved before a workmen’s compensation referee instead of a common pleas judge, the Supreme Court has decided otherwise in Perez v. Blumenthal Bros. Chocolate Co., 428 Pa. 225, 237 A.2d 227 (1968).

Pulmonary fibrosis is not one of the diseases specifically enumerated in…