WESTINGHOUSE ELEVATOR v. W.C.A.B.


137 Pa.Commw. 293 (1991)

585 A.2d 1157

WESTINGHOUSE ELEVATOR COMPANY, Petitioner, v. WORKMEN'S COMPENSATION APPEAL BOARD (LYNCH KIVLEN, LYNCH, JR.), Respondents. WESTINGHOUSE ELEVATOR COMPANY, Petitioner, v. WORKMEN'S COMPENSATION APPEAL BOARD (LYNCH-KIVLEN), Respondent.

Commonwealth Court of Pennsylvania.

Decided January 18, 1991.


Attorney(s) appearing for the Case

John C. Farrell, with him, Joseph S. Bekelja, Margolis, Edelstein, Scherlis, Sarowitz & Kraemer, Philadelphia, for petitioner.

Eugene J. McCaffrey, Jr., Woodbury, N.J., for respondents.

Christian J. Barbieri, Barbieri & Hampton, Philadelphia, for interested parties, Naomi and Nichole Lynch.

Before DOYLE, and McGINLEY, JJ., and BARRY, Senior Judge.


OPINION

BARRY, Senior Judge.

Westinghouse Elevator Co., the employer, has appealed from two orders of the Workmen's Compensation Appeal Board (Board) which reversed an order of a referee which dismissed a fatal claim petition filed on behalf of James and Derek Lynch (respondents), children of James Lynch, Sr., the decedent, and his ex-wife, Irene Lynch Kivlen.

The decedent was killed in a work related accident while working for the employer. At the...

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