DEPT. OF LABOR & IND. v. W. C. A. B. ET AL.

No. 1811 C.D. 1977.

38 Pa.Commw. 453 (1978)

Commonwealth of Pennsylvania, Department of Labor & Industry, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board, Bethlehem Mines Corporation and Mildred Cehelnik, w/o Joseph, Respondents.

Commonwealth Court of Pennsylvania.

November 13, 1978.


Attorney(s) appearing for the Case

Sandra Christianson, Assistant Attorney General, with her Mary Ellen Krober, Assistant Attorney General, for petitioner.

Blair V. Pawlowski and John J. Bagnato, with them Spence, Custer, Saylor, Wolfe & Rose, and James N. Diefenderfer, for respondents.

Argued September 15, 1978, before Judges MENCER, BLATT and MacPHAIL, sitting as a panel of three.


OPINION BY JUDGE BLATT, November 13, 1978:

The Commonwealth appeals here from a Workmen's Compensation Appeal Board (Board) award of death benefits to Mildred Cehelnik, the widow of an employee of the Bethlehem Steel Corporation (employer) who died on February 16, 1976 as a result of coal worker's pneumoconiosis. The referee and the Board apportioned the liability for the award at twenty-five percent (25%) for the Commonwealth and seventy-five percent (75%), for the...

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