SHUSTACK v. W.C.A.B. (B-D MIN. CO.)


141 Pa.Commw. 296 (1991)

595 A.2d 719

Bernard E. SHUSTACK, deceased, Agnes Shustack, Widow, Petitioner, v. WORKMEN'S COMPENSATION APPEAL BOARD (B-D MINING COMPANY), Respondent.

Commonwealth Court of Pennsylvania.

Decided July 18, 1991.


Attorney(s) appearing for the Case

Thomas F. Toole, Shenandoah, for petitioner.

David E. Heisler, Scranton, for respondent.

Before DOYLE and PELLEGRINI, JJ., and NARICK, Senior Judge.


PELLEGRINI, Judge.

This is an appeal by Agnes Shustack (Claimant) from the order of the Workmen's Compensation Appeal Board (Board) revoking its prior order of May 8, 1989 and reinstating the referee's original decision of July 19, 1988 which dismissed Claimant's fatal claim petition.

Claimant's husband, Bernard E. Shustack (Decedent), was employed by various employers in the anthracite coal mining industry from 1945 until April 20, 1966, when he commenced...

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