BOTEK ET UX. v. WARCOLA ET AL.

No. 1923 C.D. 1975.

26 Pa.Commw. 501 (1976)

Paul Botek and Joan Botek, On Behalf of Paul M. Botek, Deceased v. Anthony T. Warcola and Workmen's Compensation Appeal Board. Paul Botek and Joan Botek, On Behalf of Paul M. Botek, Deceased, Appellants.

Commonwealth Court of Pennsylvania.

October 6, 1976.


Attorney(s) appearing for the Case

Donald D. Dolbin, with him Cyrus Palmer Dolbin, for appellants.

Joseph A. McKenna, with him Williamson, Friedberg & Jones, and James N. Diefenderfer, for appellees.

Argued September 10, 1976, before Judges CRUMLISH, JR., WILKINSON, JR., and ROGERS, sitting as a panel of three.


OPINION BY JUDGE WILKINSON, October 6, 1976:

Appellants' son, eighteen years of age, was killed while in the course of employment on April 2, 1974. Appellants petitioned for compensation as dependents of a deceased employee.

After a hearing, the Workmen's Compensation referee found appellants were not dependents and, therefore, not eligible. The Workmen's Compensation Board of Review affirmed the referee, and that decision is now before this Court.

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