Ciabattoni v. Birdsboro Steel Foundry & Machine Co.

Opinion by

Wright, J.,

Rinaldo Ciabattoni seeks compensation under the Pennsylvania Occupational Disease Act.1 On January 4, 1954, he filed a claim petition containing the following averment: “I became totally disabled as the result of silicosis on 22nd day of December 1952”. Answers were filed by the employer and by the State Workmen’s Insurance Board asserting that, since the action was not brought within one year from the date of disability, the claim was barred by the statute of limitations as set forth in section 315 of the Act.2 The referee made, inter alia, the following findings: “4.…