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McCUSKER v. W.C.A.B. (RUSHTON MIN. CO.)

145 Pa.Commw. 261 (1992)

603 A.2d 238

Marilyn McCUSKER, Deceased, Alan L. McCusker, Petitioner, v. WORKMEN'S COMPENSATION APPEAL BOARD (RUSHTON MINING COMPANY), Respondent.

Commonwealth Court of Pennsylvania.

Decided January 28, 1992.

Attorney(s) appearing for the Case

Raymond F. Kiesling, for petitioner.

Michael J. Wagner, for respondent.

Before McGINLEY, and PELLEGRINI, JJ., and SILVESTRI, Senior Judge.

McGINLEY, Judge.

Alan L. McCusker (Claimant), widower of Marilyn McCusker (Decedent), petitions for review of an order of the Workmen's Compensation Appeal Board (Board) that affirmed a referee's decision granting Rushton Mining Company's (Employer) petition for termination of benefits after determining that Claimant had engaged in a meretricious relationship in violation of Section 307(7) of The Pennsylvania Workmen's Compensation Act (Act).1

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