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BETHENERGY MINES, INC. v. W.C.A.B.

132 Pa.Commw. 277 (1990)

572 A.2d 838

BETHENERGY MINES, INC., Petitioner, v. WORKMEN'S COMPENSATION APPEAL BOARD (SKIRPAN), Respondents. Herman STRUBE, Petitioner, v. WORKMEN'S COMPENSATION APPEAL BOARD (CONSOLIDATION COAL COMPANY), Respondent.

Commonwealth Court of Pennsylvania.

Decided March 29, 1990.

Attorney(s) appearing for the Case

Stephen I. Richman, with him, Daniel J. Iler and Carl J. Smith, Jr., Ceisler, Richman, Smith Law Firm, Washington, for petitioner, Bethenergy Mines, Inc., and for respondent, Consolidated Coal Co.

John W. McIlvaine, for petitioner, Herman Strube.

Lawrence R. Chaban, Yablonski, Costello, Leckie & Chaban, Washington, for respondent, Frances Skirpan.

John J. Bagnato, Spence, Custer, Saylor, Wolfe & Rose, Johnstown, for amici curiae, Barnes and Tucker Co., Pennsylvania Mines Corp. and Pennsylvania Nat. Ins. Group.

Sandra S. Christianson, Chief Counsel, with her, John T. Kupchinsky, Deputy Chief Counsel, for amici curiae, Dept. of Labor and Industry.

Henry McC. Ingram, Pittsburgh, with him, Kathryn Speaker MacNett, Harrisburg, Buchanan & Ingersoll P.C., Pittsburgh, for amici curiae, Pennsylvania Coal Association.

Thomas R. Bond, Philadelphia, with him, Paul V. Tatlow, Media, and William L. Foley, Marshall, Dennehey, Warner, Coleman & Goggin, Philadelphia, for amicus curiae, Pennsylvania Defense Institute.

Before CRUMLISH, Jr., President Judge, and CRAIG, COLINS, PALLADINO, McGINLEY, SMITH and PELLEGRINI, JJ.

PALLADINO, Judge.

Before this court are the appeals of Bethenergy Mines, Inc. (Bethenergy) and Herman Strube (Strube) from two orders of the Workmen's Compensation Appeal Board (Board). Bethenergy appeals from an order of the Board which affirmed a referee's decision granting Francis Skirpan (Skirpan) death benefits on behalf of her husband, Joseph Skirpan (Decedent). Strube appeals from an order of the Board which reversed a referee's decision granting him benefits...

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