MYERS v. SUN SHIP. AND DRY DOCK CO.

No. 1589 C.D. 1981.

74 Pa.Commw. 323 (1983)

Iona Myers, widow of James, Appellant v. Sun Shipbuilding and Dry Dock Co., Appellee.

Commonwealth Court of Pennsylvania.

May 16, 1983.


Attorney(s) appearing for the Case

John F. McElvenny, for appellant.

Andrew J. Forbes, Cramp, D'Iorio, McConchie & Forbes, P.C., for appellee, Sun Shipbuilding & Dry Dock Company.

Henry A. Riley, Assistant Counsel, for appellee, Workmen's Compensation Appeal Board.

Submitted on briefs December 13, 1982, to President Judge CRUMLISH, JR. and Judges ROGERS and MacPHAIL, sitting as a panel of three.


OPINION BY PRESIDENT JUDGE CRUMLISH, JR., May 16, 1983:

Iona Myers appeals a Philadelphia County Common Pleas Court order affirming a Workmen's Compensation Appeal Board modification of a referee's benefits award. We reverse and remand.

Myers filed a fatal claim petition under "The Pennsylvania Occupational Disease Act,"1 alleging that her husband died from an occupational...

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