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  5. 71 Pa.Commw. 174 (1983)
 

HEMER v. W. C. A. B. (PHILLIS ET AL).

No. 2059 C.D. 1981.

71 Pa.Commw. 174 (1983)

Georgia M. Hemer, Widow of Kenneth R. Hemer, Sr., Deceased v. Workmen's Compensation Appeal Board (George Phillis and J. Miller Express, Inc.), Respondents.

Commonwealth Court of Pennsylvania.

January 13, 1983.

Attorney(s) appearing for the Case

David M. McCloskey, Will & Keisling, for petitioner.

H. Reginald Belden, Jr., for respondent, J. Miller Express, Inc.

Argued October 4, 1982, before Judges ROGERS, BLATT and CRAIG, sitting as a panel of three.

OPINION BY JUDGE BLATT, January 13, 1983:

Georgia M. Hemer (claimant) appeals from an order of the Workmen's Compensation Appeal Board (Board) which affirmed the referee's dismissal of her claim petition under Section 301(a) of The Pennsylvania Workmen's Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 431, based upon her deceased husband's allegedly intoxicated condition at the time of his fatal accident.

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