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MAY DEPT. STORES v. W.C.A.B. (SMITH)

No. 1066 C.D. 1986.

105 Pa.Commw. 580 (1987)

525 A.2d 33

May Department Stores d/b/a Kaufmann's, Petitioner v. Workmen's Compensation Appeal Board (Smith), Respondents.

Commonwealth Court of Pennsylvania.

Argued March 24, 1987.

Attorney(s) appearing for the Case

Joseph F. McDonough, with him, James G. McLean, Manion, McDonough & Lucas, for petitioner.

Amiel B. Caramanna, Jr., with him, Alexander J. Pentecost, for respondent, Eleanor K. Smith.

Before President Judge CRUMLISH, JR., Judge PALLADINO, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY SENIOR JUDGE NARICK, May 4, 1987:

The May Department Stores, d/b/a Kaufmann's (Petitioner), has appealed from an order of the Workmen's Compensation Appeal Board (Board), which affirmed the referee's award of fatal claim benefits to Respondent, Eleanor K. Smith, the widow of former Kaufmann's employee, John T. Smith, pursuant to Section 108(n) of The Pennsylvania Workmen's Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, added by...

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