Commonwealth v. Merrill

Opinion by

Judge Blatt,

The Commonwealth of Pennsylvania appeals from an order of the Court of Common Pleas of Payette County upholding an award of total disability benefits under The Pennsylvania Occupational Disease Act1 (Act) to Ernest Merrill (claimant) by the Workmen’s Compensation Appeal Board (Board).

The claimant had worked in the mines for approximately sixteen years until 1955 when both his legs were amputated because of severe gangrene. The record is not clear as to whether or not a claim was ever filed regarding this injury under The Pennsylvania Work*60men’s Compensation Act as then in…