HERRE BROS., INC. v. W.C.A.B. (MUMMA)

Nos. 845 C.D. 1982 and 937 C.D. 1982.

75 Pa.Commw. 499 (1983)

Herre Bros., Inc., Petitioner v. Workmen's Compensation Appeal Board ex rel. (Doris J. Mumma, w/o William R.), Respondents. Doris J. Mumma, Widow of William R., Petitioner v. Workmen's Compensation Appeal Board (Insurance Company of North America), Respondents.

Commonwealth Court of Pennsylvania.

July 18, 1983.


Attorney(s) appearing for the Case

Charles E. Wasilefski, Foulkrod, Peters & Wasilefski, for Herre Bros., Inc.

Kent Price, with him Lee C. Swartz, Hepford, Swartz, Menaker & Wilt, for Doris J. Mumma, widow of William R. Mumma.

Eugene E. Pepinsky, Jr., with him Charles W. Rubendall, II, Keefer, Wood, Allen & Rahal, for Insurance Company of North America.

Argued May 9, 1983, before Judges ROGERS, BLATT and DOYLE, sitting as a panel of three.


OPINION BY JUDGE BLATT, July 18, 1983:

Herre Bros., Inc. (Herre) appeals from an order of the Workmen's Compensation Appeal Board (Board) which affirmed a referee's award of benefits on a fatal claim petition brought by Doris J. Mumma (claimant), the widow of the decedent. 845 C.D. 1982. The Board's order has also been appealed by the claimant because it affirmed the referee in refusing counsel fees and permitted Herre's No-Fault carrier to be reimbursed in the amount...

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