COPPERWELD CORP. v. W.C.A.B. (SMITH)

No. 2985 C.D. 1981.

73 Pa.Commw. 478 (1983)

Copperweld Corporation, Petitioner v. Workmen's Compensation Appeal Board (Virginia Smith, Widow of William J. Smith, Deceased), Respondents.

Commonwealth Court of Pennsylvania.

April 18, 1983.


Attorney(s) appearing for the Case

Richard D. Gilardi, with him James A. Dattilo, Gilardi & Cooper, for petitioner.

Richard G. Spagnolli, McArdle, Caroselli, Spagnolli & Beachler, for respondent, Virginia Smith, widow.

Argued February 2, 1983, before President Judge CRUMLISH, JR. and Judges MacPHAIL and DOYLE, sitting as a panel of three.


OPINION BY JUDGE MacPHAIL, April 18, 1983:

Claimant1 was awarded workmen's compensation benefits by a referee whose decision was affirmed by the Workmen's Compensation Appeal Board (Board). The employer2 filed the instant appeal.

Claimant's husband died on September 1, 1977 after collapsing in the employer's cafeteria during regular working hours. In the several years prior to his death, the employee...

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