Kelly v. North American Refractories

Opinion by

Judge Crumlish, Jr.,

Elmer E. Kelly (Kelly) started Ms career as a laborer in the brickyard of North American Refractories in 1937 and ended it on September 13, 1966, because of “shortness of breath.” On December 21, 1966, Kelly filed a claim petition for disability benefits for silicosis under the Pennsylvania Occupational Disease Act, Act of June 21, 1939, P. L. 566, as amended, 77 P.S. §1201 et seep He died on May 7, 1967, before his “silicosis case” came to hearing, and on October 25, 1967, his widow, Esther M. Kelly (Claimant) filed a fatal claim petition for death benefits…