Commonwealth v. Workmen's Compensation Appeal Board

Opinion by

Senior Judge Barbieri,

Vanderbilt Slag Company, last employer of Bryan Kennedy, Jr., Claimant, and Commonwealth of Pennsyl*266vania, Bureau of Workers’ Compensation, come before this Court in separate appeals on an order of the Pennsylvania Workmen’s Compensation Appeal Board (Board), which affirmed an award to Claimant by a referee for total disability under Section 108(q) of the occupational disease provisions of The Pennsylvania Workmen’s Compensation Act (Act).1 We will affirm the award and reverse in part on the appeal of the Commonwealth.

The unfortunately extensive litigation in…