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ACKLER v. RAYMARK INDUSTRIES, INC.

380 Pa.Super. 183 (1988)

551 A.2d 291

Philip J. ACKLER and Mary Ackler, h/w, Appellants, v. RAYMARK INDUSTRIES, INC., Owens-Corning Fiberglas Corp., Celotex Corporation, Eagle-Picher Industries, Inc., Keene Corporation, Nicolet, Inc., Pittsburgh Corning Corporation, Armstrong World Industries, Inc., GAF Corporation, Fibreboard Corporation, Southern Textile Corp., H.K. Porter Co., Inc., Forty-Eight Insulation, Inc., Pacor, Inc., Brand Insulations, Inc., Universal Insulation Company, Delaware Insulation Company, and A.C. & S., Inc., Appellees.

Supreme Court of Pennsylvania.

Filed December 9, 1988.

Attorney(s) appearing for the Case

James R. Kahn, Philadelphia, for appellants.

Thomas C. Gallegher, Philadelphia, for Raymark, appellees.

Daniel S. Altschuler, Philadelphia, for Brand Insulations, appellee.

Before CAVANAUGH, BROSKY and MONTEMURO, JJ.

CAVANAUGH, Judge:

The issue in this case is whether an employee knew, or should have known that he had an injury and that the injury was caused by another party's conduct, when he filed an "Employee's Claim Petition" under oath or affirmation alleging that he had asbestosis. The petition was filed by his lawyer with the Workmen's Compensation Board of New Jersey and stated that from May, 1980 through November 7, 1980 the appellant, Philip J. Ackler, was employed by...

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