Martincic v. Workmen's Compensation Appeal Board

Dissenting Opinion by

Judge Doyle:

The issue confronting us in this case is one of first impression: where a claimant has given notice to his employer within 21 days of his knowledge of a totally disabling disease, which is three years after his actual disability, are benefits to be paid retroactive to the actual date of disability, or, are they to be paid only from the date the employer is given notice?

If we conclude, as does the majority, that benefits may be paid retroactive to the date of actual disability, then the threshhold determination of when the Claimant knew or should have known of…