McCloskey v. Workmen's Compensation Appeal Board

I agree with the majority’s rejection of the Commonwealth Court’s standard for determining when death “results from” an occupational disease under section 301(c)(2) of the Workmen’s Compensation Act (the Act), 77 P.S. § 411(2), which standard was first articulated in Consolidation Coal Co. v. Workmen’s Compensation Appeal Board (WCAB), 37 Pa.Commw. 412, 391 A.2d 14 (1978). However, I cannot subscribe to the majority’s interpretation of section 301(c)(2) under the circumstances presented by this case or the holding that, where an occupational disease exists among the secondary (or…