COSTELLO v. W.C.A.B. (KINSLEY CONST., INC.


916 A.2d 1242 (2007)

Lori Newhart COSTELLO & Joseph Costello (Dec'd), Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (KINSLEY CONSTRUCTION, INC.), Respondent.

Commonwealth Court of Pennsylvania.

Decided February 13, 2007.


Attorney(s) appearing for the Case

Matthew L. Wilson, Philadelphia, for petitioner.

R. Burke McLemore, Jr., Harrisburg, for respondent.

BEFORE: SMITH-RIBNER, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, LEADBETTER, Judge, COHN JUBELIRER, Judge, SIMPSON, Judge, and LEAVITT, Judge.


OPINION BY Judge SMITH-RIBNER.

Lori Newhart Costello (Claimant) petitions for review of an order of the Workers' Compensation Appeal Board (Board) that reversed the decision of a Workers' Compensation Judge (WCJ) to the extent that the WCJ determined that Claimant had established a valid common law marriage with Joseph Costello (Decedent) as of November 26, 2003 and that she therefore was entitled to a widow's death benefits under a fatal claim petition. Claimant...

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