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BROAD. CHUCKWAGON v. W.C.A.B. (STOVALL).

No. 363 C.D. 1981.

74 Pa.Commw. 426 (1983)

Broadwood Chuckwagon, Petitioner v. Workmen's Compensation Appeal Board (Kenneth Stovall, Deceased, By Marion Stovall, Mother), Respondents.

Commonwealth Court of Pennsylvania.

May 23, 1983.

Attorney(s) appearing for the Case

Charles W. Craven, with him Jo Marjorie Fineman, Marshall, Dennehey, Warner, Coleman & Goggin, for petitioner.

Thomas H. Goldsmith, Goushian, Mooradian, Goldsmith & Keller, for respondents.

Argued March 4, 1982, before Judges CRAIG, MacPHAIL and DOYLE, sitting as a panel of three. Reargued December 14, 1982, before President Judge CRUMLISH, JR. and Judges ROGERS, BLATT, WILLIAMS, JR., CRAIG, MacPHAIL and DOYLE.

OPINION BY PRESIDENT JUDGE CRUMLISH, JR., May 23, 1983:

Broadwood Chuckwagon (employer) appeals a Workmen's Compensation Appeal Board order awarding partial dependency benefits to Marion Stovall. We modify and remand.1

The facts are not in dispute. After her son was killed by a co-employee, Stovall sought benefits under Section 307(5) of The Pennsylvania Workmen's Compensation Act (Act).2 The decedent...

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