Is Job-Related Aggravation of a Pre-Existing Disease Considered An ''Injury'' ?
In Pawlosky v. Workmen's Compensation Appeal Board (Latrobe Brewing Company), 514 Pa. 450, 462, 525 A.2d 1204, 1211 (1987), the Supreme Court considered whether a job-related aggravation of a pre-existing disease was precluded from being considered an "injury" under the Workers' Compensation Act merely because that disease is not specifically designated as an occupational disease by Section 108 of the Act.
In considering that issue, the Supreme Court examined the history of the Act and that of the Pennsylvania Occupational Disease Act of 1939 (the Occupational Disease Act), Act of June 21, 1939, P.L. 566, as amended, 77 P.S. 1201-1603, and it reviewed certain definitions associated with those acts.
When considering the definitions of some terms used in the Act, the Supreme Court stated that it is "clear that, from early in the history of this state's workmen's compensation legislation, some concepts central to the recovery of benefits were to be given their legal meaning and scope by the courts." Pawlosky, 514 Pa. at 457, 525 A.2d at 1208.