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BILL MATTERN PAVING ET AL. v. W. C. A. B. ET AL.

No. 2221 C.D. 1976.

32 Pa.Commw. 520 (1977)

Bill Mattern Paving and U.S. Fidelity & Guaranty Co., Petitioners v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Anna Battrell, Mother of Robert Battrell, Deceased, Respondents.

Commonwealth Court of Pennsylvania.

November 29, 1977.

Attorney(s) appearing for the Case

Raymond F. Keisling, with him Will & Keisling, for petitioners.

Douglas A. Campbell, with him Mansmann, Beggy & Campbell, for respondents.

Argued November 3, 1977, before Judges WILKINSON, JR. and ROGERS, sitting as a panel of two.

OPINION BY JUDGE ROGERS, November 29, 1977:

Robert L. Battrell was killed on June 17, 1974 when he was hit by a car during the course of his employment with Bill Mattern Paving. His mother, Anna Battrell, in whose home he lived at the time of his death, filed a fatal claim petition pursuant to Section 307(5) of the Workmen's Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 561(5). After a hearing, a referee found that Robert L. Battrell...

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