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ELLIOTT v. W. C. A. B. ET AL.

No. 2245 C.D. 1979.

57 Pa.Commw. 70 (1981)

Mamie Elliott, Widow of Clem Elliott, Deceased, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board, Bethlehem Mines Corporation and Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

February 24, 1981.

Attorney(s) appearing for the Case

Benjamin L. Costello, with him, Kenneth J. Yablonski and J. Scott Leckie, for petitioner.

William F. Henkel, Greenlee, Richman, Derrico & Posa, for respondent, Bethlehem Mines Corporation.

Gregory D. Geiss, Assistant Attorney General, with him, Laurence W. Dague, Assistant Attorney General, for respondent, Commonwealth of Pennsylvania.

Argued November 20, 1980, before Judges MENCER, ROGERS and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE PALLADINO, February 24, 1981:

This is the first of three cases consolidated on appeal, which concern the intendment of Section 301(c)(2) of The Pennsylvania Workmen's Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 411(2). Petitioner, the widow of a coal miner, appeals from an order of the Workmen's Compensation Appeal Board (Board), which denied her...

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