COM. OF PA. ET AL. v. WORK. COMP. AP. BD. ET AL.

No. 2017 C.D. 1977.

36 Pa.Commw. 247 (1978)

Commonwealth of Pennsylvania and Allegheny River Mining Co. and Old Republic Insurance Company v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Dorothy Eck, w/o Christopher. Commonwealth of Pennsylvania, Appellant.

Commonwealth Court of Pennsylvania.

June 22, 1978.


Attorney(s) appearing for the Case

Sandra S. Christianson, Assistant Attorney General, with her Mary Ellen Krober, Assistant Attorney General, for appellant.

Gerald Long, with him Pawlowski, Long, Creany, Tulowitzki, and James N. Diefenderfer, for appellees.

Argued May 5, 1978, before Judges MENCER, ROGERS and DiSALLE, sitting as a panel of three.


OPINION BY JUDGE ROGERS, June 22, 1978:

Dorothy Eck filed a fatal claim petition under Sections 307 and 308(a) of The Pennsylvania Occupational Disease Act, Act of June 21, 1939, P.L. 566, as amended, 77 P.S. §§ 1407, 1408(a), seeking widow's benefits on account of the death of her husband, Christopher, who died on January 12, 1972. Mrs. Eck alleged coal worker's pneumoconiosis had been a contributing...

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