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LEHIGH FOUND., INC. ET AL. v. W. C. A. B. ET AL.

No. 1611 C.D. 1977.

39 Pa.Commw. 416 (1978)

Lehigh Foundations, Inc. and Employers Mutual Liability Insurance Company of Wisconsin, Petitioners v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board, Mildred B. Kelly and Brett Arthur Fegan, a minor, by Diane R. Fegan, parent and natural guardian/Rudy Arthur Kelly, deceased, Respondents.

Commonwealth Court of Pennsylvania.

December 27, 1978.

Attorney(s) appearing for the Case

James K. Martin, with him Kenneth F. DeMarco, for petitioners.

Gerald J. Haas, with him James N. Diefenderfer, for respondents.

Argued September 15, 1978, before Judges CRUMLISH, JR., WILKINSON, JR. and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., December 27, 1978:

Lehigh Foundations, Inc. (Employer), and its insurance carrier, appeal a decision of the Workmen's Compensation Appeal Board (Board) which affirmed a referee's award of benefits to Brett Arthur Fegan (Claimant).

Claimant, the illegitimate child of Diane R. Fegan (now Diane R. Harper) and Rudy Arthur Kelly (Decedent), was conceived while his parents were in high school in Pennsylvania. The pregnant mother moved...

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