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IRBY CONSTR. CO. et al. v. WORK. C.A. BD. et al.

Appeals, Nos. 1224 C.D. 1972 and 1279 C.D. 1972.

9 Pa.Commw. 591 (1973)

Irby Construction Co. and Liberty Mutual Insurance Company, Insurance Carrier, Appellants, v. Workmen's Compensation Appeal Board and Gale Hunsinger, Widow of Leslie Hunsinger, Deceased, Appellees. Nancy Vaow Hunsinger, Widow of Leslie Hunsinger, Deceased, Appellant, v. Workmen's Compensation Appeal Board and Irby Construction Co. and Liberty Mutual Insurance Company, Insurance Carrier, Appellees.

Commonwealth Court of Pennsylvania.

August 17, 1973.

Attorney(s) appearing for the Case

Adrian R. King, with him Joseph R. Thompson, for Irby Construction Co. and Liberty Mutual Insurance Company.

Ambrose R. Campana, for Gale Hunsinger.

Davis R. Hobbs, for Nancy Vaow Hunsinger.

Argued May 8, 1973, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE BLATT, August 17, 1973:

On September 15, 1970, Leslie Hunsinger (decedent) died as the result of an accident sustained while employed by the Irby Construction Company (employer). Numerous workmen's compensation claim petitions were thereafter filed seeking benefits for the children of the decedent. As the matter stands before this Court, the issue is not whether compensation benefits are payable...

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