Petrone v. Moffat Coal Co

In Petrone v. Moffat Coal Co., 427 Pa. 5, 233 A.2d 891 (1967), the claimant was a coal miner suffering from anthracosilicosis. The claimant filed a claim petition and the referee found the claimant to be totally disabled, but the Board reversed the decision. The Court of Common Pleas and the Superior Court affirmed. On appeal, the Supreme Court framed the issue as: Whether a claimant for compensation is entitled to benefits under the heading of total disability if the only work he can perform is light work of a general nature, when no evidence has been presented that light work, considering the worker's physical disability, his limited education and vocational background, is available. Petrone, 427 Pa. at 7, 233 A.2d at 892. The Supreme Court held that merely because a claimant was capable of light work does not mean that such work is available to that claimant. Id. at 9-10, 233 A.2d at 894-95. With regard to a presumption by the Superior Court that such work was available if a person was capable of it, the Supreme Court stated "the presumption spoken of by the Superior Court in the case at bar . . . is so unnatural and illogical that one wonders how it ever found a footing in the law." Id. at 10, 233 A.2d at 894. The Supreme Court went on to state that: In addition, the law does not require that the claimant must visit every building and house in his community to inquire if he is needed as an elevator operator or engineer on a power lawn mower two positions that an expert physician opined the claimant could perform. If light work is available, it is easier for the defendant to prove its existence than for the claimant to prove its non-existence. Id. at 11-12, 233 A.2d at 895.