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BIBLE v. COM., DEPT. OF LABOR AND IND.

548 Pa. 247 (1997)

696 A.2d 1149

Robert BIBLE, Joseph Swager, James Richter, Roy Tiernan, Homer Kifer, Richard Ansell, John W. Lovelace, Floyd Hershberger, Edwin Lubinski, and Casper Hracho, individually and on behalf of all members of the class of claimants who are similarly situated, Appellees, v. COMMONWEALTH of Pennsylvania, DEPARTMENT OF LABOR AND INDUSTRY and Johnny Butler, Acting Secretary of the Department of Labor and Industry, USX Corporation, Dial Corporation, Teledyne Vasco, Shenango, Inc., and Lukens Steel Co. Appeals of COMMONWEALTH of Pennsylvania, DEPARTMENT OF LABOR AND INDUSTRY and Johnny J. Butler [No. 65]; USX Corporation [No. 69]; Dial Corporation [No. 71]; and Lukens Steel Company [No. 73].

Supreme Court of Pennsylvania.

Decided June 13, 1997.

Attorney(s) appearing for the Case

Daniel J. Doyle, Harrisburg, for L&I, et al.

William R. Caroselli, Daniel K. Bricmont, Pittsburgh, Joseph L. Della Guardia, for Bible et al.

Susan McLaughlin, Ernest J. Bernabei, Philadelphia, for Dial Corporation in Nos. 65 M.D. Appeal Docket 1995 and 69 M.D. Appeal Docket 1995.

Clifford A. Goldstein, Philadelphia, for Lukens Steel.

J. Lawson Johnston, Pittsburgh, for Teledyne Vacso.

Phyllis Procopio, Pittsburgh, for Shenango, Inc. in Nos. 65 M.D. Appeal Docket 1995, 71 M.D. Appeal Docket 1995 and 73 M.D. Appeal Docket 1995.

W. Thomas McGough, William McKim, Pittsburgh, for USX Corporation.

George H. Thompson, Pittsburgh, for Shenango, Inc. in No. 69 M.D. Appeal Docket 1995.

Susan McLaughlin, Philadelphia, for Dial Corporation in Nos. 71 M.D. Appeal Docket 1995 and 73 M.D. Appeal Docket 1995.

Before FLAHERTY, ZAPPALA, CAPPY, CASTILLE and NIGRO, JJ.

OPINION

ZAPPALA, Justice.

The Appellees commenced this action in Commonwealth Court by filing a petition for review in the nature of a complaint in equity and for declaratory judgment. They asserted that Act 1 of 1995 was unconstitutional insofar as it retroactively amended the Workers' Compensation Act provisions regarding compensation for loss of hearing. The court granted summary judgment in their favor. We now reverse.

Prior to Act 1 of...

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