Lowery v. Pittsburgh Coal Co.

Opinion by

Mr. Justice O’Brien,

Appellant, from April, 1929, until Jnne 4, 1955, had been employed as a coal miner by appellee, Pittsburgh Coal Company. On June 4, 1955, he suffered a myocardial infarction and from that time until his death was totally disabled. In July of 1963, he was informed that he was suffering from advanced silicosis and he filed a claim under the Occupational Disease Act, Act of June 21, 1939, P. L. 566, 77 P.S. §12,01 et seq. Appellant died in August of 1964.

The referee denied appellant’s claim on the basis of his refusal to find that appellant became totally disabled…