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ACTION, INC. v. W.C.A.B. (TALERICO)

No. 1429 C.D. 1987.

116 Pa.Commw. 81 (1988)

540 A.2d 1377

Action, Inc., Petitioner v. Workmen's Compensation Appeal Board (Talerico), Respondents.

Commonwealth Court of Pennsylvania.

May 10, 1988.

Attorney(s) appearing for the Case

Michael P. Shay, Shay & Santee, for petitioner.

John R. Lenahan, Jr., Lenahan & Dempsey, P.C., for respondent.

Submitted on briefs January 27, 1988, to Judges CRAIG and PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE PALLADINO, May 10, 1988:

Action, Inc. (Petitioner) appeals an order of the Workmen's Compensation Appeal Board (Board) affirming the decision of a referee to award death benefits to Marilyn B. Talerico (Claimant) on behalf of Donald P. Talerico (Decedent). We reverse.

Decedent was employed by Petitioner as a supervisor and managed Petitioner's Scranton, Pennsylvania office.1 On the evening of February 10, 1983...

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