HERMAN v. KANDRAT COAL CO.


205 Pa.Super. 117 (1965)

Herman, Appellant, v. Kandrat Coal Company.

Superior Court of Pennsylvania.

March 18, 1965.


Attorney(s) appearing for the Case

David S. Shrager, with him Donald J. Farage and William J. Krencewicz, for appellant.

Arthur E. Ricchiuti, Special Assistant Attorney General, with him Clyde M. Hughes, Jr., Assistant Attorney General, and Walter E. Alessandroni, Attorney General, for Commonwealth, appellee.

Howard G. Stutzman, for coal company, appellee.

Before ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY, and FLOOD, JJ. (RHODES, P.J., absent).


OPINION BY WATKINS, J., March 18, 1965:

The Court of Common Pleas of Schuylkill County affirmed the decision of the Workmen's Compensation Board, in an occupational disease claim, which denied benefits to the claimant-appellant, Helen Herman, widow, on the ground that the decedent, Carl Herman, was not an employee under the Act.

This claim arose under The Pennsylvania Occupational Disease Act of 1939,...

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