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

No. 1904 C.D. 1980.

61 Pa.Commw. 200 (1981)

Isabella C. Leonard, Widow of Roy G. Leonard, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Automotive Maintenance Inc., d/b/a Chadderton Trucking, Respondents.

Commonwealth Court of Pennsylvania.

August 10, 1981.


Attorney(s) appearing for the Case

David J. Graban, Fruit, Dill, Goodwin & Scholl, for petitioner.

Joseph F. Grochmal, with him Roy F. Walters, Jr., Fried, Kane, Walters & Zuschlag, for respondent, Automotive Maintenance Inc.

Argued June 4, 1981, before Judges MENCER, CRAIG and MacPHAIL, sitting as a panel of three.


OPINION BY JUDGE CRAIG, August 10, 1981:

Isabella Leonard, claimant-widow of Roy G. Leonard, questions a denial of benefits by the Workmen's Compensation Appeal Board, reversing a referee's decision which had awarded compensation on the basis of her fatal claim petition.

The decedent, employed by Automotive Maintenance, Inc. (employer), died on February 16, 1977.

At the hearing, a co-worker testified that he and the decedent were working outdoors,...

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