Cable v. Workmen's Compensation Appeal Board

I dissent to the majority’s holding that under Section 301(c)(2) of the Pennsylvania Workmen’s Compensation Act,1 an occupational disease claim is timely if filed within 300 weeks of claimant’s last date of employment rather than of exposure to the occupational hazard. I believe that such an interpretation is at odds with the plain language of that section and would affirm the Board.

The portion of Section 301(c)(2) of the Act at issue in this case provides:

[Wjhenever occupational disease is the basis for compensation, for disability or death under this act, it shall apply only to disability…