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SEPTA v. W.C.A.B. (HERDER)

765 A.2d 414 (2000)

SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Petitioner, v. WORKERS' COMPENSATION APPEAL BOARD (HERDER), Respondent.

Commonwealth Court of Pennsylvania.

Decided December 21, 2000.

Attorney(s) appearing for the Case

Michael D. Schaff, Philadelphia, for petitioner.

Annabelle R. Cedar, Philadelphia, for respondent.

Before COLINS, Judge and KELLEY, Judge (P.), and MIRARCHI, Jr., Senior Judge.

COLINS, Judge.

Before the Court is a petition for review from an order of the Workers' Compensation Appeal Board (Board), dated December 13, 1999, that affirmed the decision of a Workers' Compensation Judge (WCJ) granting Marian Herder's (Claimant) fatal claim petition. For the reasons set forth below, we reverse.

On April 5, 1993, Mr. James Herder (Decedent) was struck in the mouth in the course of his employment as a general helper with the Southeastern...

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