Findlay Refractories v. Commonwealth

Opinion by

Judge Craig,

This appeal, from a decision of the Workmen’s Compensation Appeal Board (board) affirming a referee’s award of total permanent disability compensation, raises issues of timeliness of claim and notice. After initial argument before a panel of this court, we ordered reargument before the court en banc.

Claimant, after fourteen years of work in the refractories industry, grinding tank blocks composed of varying percentages of silicate compounds, told his foreman on May 16, 1974 that he was breathing with difficulty. The next day was his last day of work. He testified that he…