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SCHAFER v. W.C.A.B. (MARTIN SCHAFER, JR.)

935 A.2d 890 (2007)

Martin SCHAFER, Jr., deceased/Judy Schafer, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (MARTIN SCHAFER JR., INC., Selective Insurance Company), Respondents.

Commonwealth Court of Pennsylvania.

Decided August 10, 2007.

Ordered Published November 2, 2007.

Attorney(s) appearing for the Case

Gerald F. Strubinger, Jr., Palmerton, for petitioner.

Katherine E. Bavoso, Harrisburg, for respondent.

BEFORE: SMITH-RIBNER, Judge, and PELLEGRINI, Judge, and LEAVITT, Judge.

OPINION BY Judge SMITH-RIBNER.

The Workers' Compensation Appeal Board (Board) affirmed the order of the Workers' Compensation Judge (WCJ) denying the fatal claim and penalty petitions filed by Judy Schafer (Claimant) because her deceased husband, Martin Schafer, Jr. (Decedent), signed an executive officer's affidavit (affidavit) waiving his rights to workers' compensation and therefore was not an employee at the time of his death. The Board also agreed with the WCJ...

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