Maher v. Workmen's Compensation Appeal Board

Dissenting Opinion by

Judge Doyle:

I respectfully dissent. Joseph Maher (Claimant), asserts that the referee applied an erroneous legal standard in determining Claimant’s burden of proof in his claim for disability benefits on the basis of occupational disease due to asbestos exposure. Relative to the burden of proof in occupational disease claims, Section 301(c)(2) of The Pennsylvania Workmen’s Compensation Act (Act)1 states as follows:

The provisions of this paragraph (2) shall apply only with respect to the disability or death of an employe which results in whole or in part from the employe’s…