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SEPTA v. W. C. A. B. (SAXON)

No. 921 C.D. 1983.

82 Pa.Commw. 590 (1984)

SEPTA, Petitioner v. Workmen's Compensation Appeal Board (Saxon), Respondents.

Commonwealth Court of Pennsylvania.

May 30, 1984.

Attorney(s) appearing for the Case

Thomas F. McDevitt, Thomas F. McDevitt, P.C., for petitioner.

Herbert Braker, for respondent, Ernestine Saxon, widow of Herbert Saxon.

Argued April 4, 1984, before Judges ROGERS, CRAIG and BARRY, sitting as a panel of three.

OPINION BY JUDGE CRAIG, May 30, 1984:

The Southeastern Pennsylvania Transportation Authority (SEPTA) questions the award of fatal claim benefits to Ernestine Saxon, widow of Herbert Saxon.

We must decide if substantial evidence supports the referee's findings of fact and if testimony by the claimant's expert witness was based upon hypothetical questions containing facts unsupported by, or contrary to, the evidence.

The referee found that Mr. Saxon...

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