Workmen's Compensation Appeal Board of the Commonwealth v. City of Hazleton

Opinion by

Judge Kramer,

This is an appeal by the City of Hazleton from an order of the Workmen’s Compensation Appeal Board, which affirmed an order of the referee granting workmen’s compensation benefits to Anthony M. DeCusatis. We must remand this case because the Board erred as a matter of law by awarding benefits under the Pennsylvania Workmen’s Compensation Act1 when DeCusatis had filed a claim for benefits under the Pennsylvania Occupational Disease Act.2

Although DeCusatis filed a claim petition for benefits under the Occupational Disease Act, both the referee and 'the Board awarded…