LINEAL INDUSTRIES, INC. v. W.C.A.B.


542 Pa. 595 (1995)

669 A.2d 329

LINEAL INDUSTRIES, INC. and Glenn Falls Insurance Company v. WORKER'S COMPENSATION APPEAL BOARD (Else B. ESSEL, Mother of Brian K. Adams, Deceased). Appeal of Else B. Essel.

Supreme Court of Pennsylvania.

Decided December 29, 1995.


Attorney(s) appearing for the Case

J. Bradley Kearns, Pittsburgh, for Else Essel.

Steven L. Morrison, Pittsburgh, for Lineal Industries, Inc. and Glenn Falls Ins. Co.

Before NIX, C.J., and FLAHERTY, ZAPPALA, CAPPY, CASTILLE and MONTEMURO, JJ.


OPINION ANNOUNCING THE JUDGMENT OF THE COURT

FLAHERTY, Justice.

At issue in this case is whether a claimant in a fatal claim petition requesting compensation under section 307 of the Pennsylvania Workmen's Compensation Act1 sustained her burden of proof that she was "dependent" upon her deceased child and therefore entitled to compensation under the act.

On November 9, 1990, Else B. Essel filed a fatal claim petition...

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