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INGRAM v. W.C.A.B. (FORD ELECTRONICS CORP.)

940 A.2d 544 (2008)

Marie INGRAM, deceased employee, and Marc A. Hicks, Sr., parent and natural guardian of minor dependent, claimant, Marc A. Hicks, Jr., Petitioners v. WORKERS' COMPENSATION APPEAL BOARD (FORD ELECTRONICS & REFRIGERATION CORPORATION, and Ford Electronics/Self-Insured), Respondents.

Commonwealth Court of Pennsylvania.

Decided December 12, 2007.

Reargument Denied February 6, 2008.

Attorney(s) appearing for the Case

James B. Mogul, Bala Cynwyd, for petitioners.

Jane A. Lombard, Philadelphia, for respondent, Ford Electronics and Refrigeration.

BEFORE: FRIEDMAN, SIMPSON, Judges, and McCLOSKEY, Senior Judge.

OPINION BY Judge SIMPSON.

In these novel consolidated workers' compensation appeals, we determine whether a dependent claimant in a fatal claim proceeding1 is barred from litigating the compensability of a decedent's lifetime disability where the decedent's lifetime occupational disease claim was withdrawn pursuant to a compromise and release agreement (C & R).

Claimant petitions for review of a decision of the Workers' Compensation...

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