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McCLOSKEY v. W.C.A.B. ET AL.

No. 2233 C.D. 1979.

58 Pa.Commw. 29 (1981)

Margaret McCloskey, Widow of Harold G. McCloskey, Deceased, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and J.H. France Refractories, Inc., Respondents. Commonwealth of Pennsylvania, Department of Labor & Industry, Bureau of worker's Compensation, Intervenor.

Commonwealth Court of Pennsylvania.

March 19, 1981.

Attorney(s) appearing for the Case

George R. Klotzbaugh, Jubelirer and Klotzbaugh, for petitioner.

James M. Horne, McQuaide, Blasko, Schwartz, Fleming & Faulkner, Inc., for respondents.

Argued February 2, 1981, before Judges WILKINSON, JR., MacPHAIL and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE WILLIAMS, JR., March 19, 1981:

This is an appeal by the widow of a deceased employe of J.H. France Refractories, Inc. (employer), seeking reversal of an Order of the Workmen's Compensation Appeal Board (Board) which dismissed her fatal claim petition. The Board reversed a referee's award of benefits to Mrs. Harold McCloskey (appellant) on the grounds that the record before the Board failed to establish that Harold McCloskey (decedent) died from an...

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