City of Erie v. Workmen's Compensation Appeal Board

I respectfully dissent. The majority erroneously deprives firefighters with more than four years of service of the presumption created by both Section 108 and Section 301 of the Pennsylvania Workmen’s Compensation Act1 (Act), by holding them to the same standards as other claimants in giving an employer notice of the work-relatedness of a heart attack.

Kenneth Shannon (Claimant) was employed by the City of Erie (Employer) as a firefighter for 30 years. On December 4, 1980, while at home, Claimant suffered a heart attack, subsequently underwent open heart surgery, and has been disabled ever…