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WHELAN v. W.C.A.B. (F. H. SPARKS CO. OF PA.)

No. 2509 C.D. 1986.

110 Pa.Commw. 242 (1987)

532 A.2d 65

John F. Whelan, Deceased, Genevieve Whelan, Widow, Petitioner v. Workmen's Compensation Appeal Board (F. H. Sparks Co. of Pa., Inc.), Respondents.

Commonwealth Court of Pennsylvania.

Submitted on briefs June 9, 1987.

Attorney(s) appearing for the Case

Louis Kattelman, for petitioner.

Louis P. Lombardi, Dougherty & Stonelake, for respondent.

To Judges CRAIG and DOYLE, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE CRAIG, October 13, 1987:

Claimant Genevieve Whelan, the widow of John F. Whelan, appeals from an order of the Workmen's Compensation Appeal Board that affirmed a referee's decision and denied her claim for benefits with respect to the death of her husband.

The threshold question is whether the claimant met her burden of proof to establish an injury arising out of the decedent's work. If such an injury is established, then the next question...

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