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Penn S.F.&M. CO. v. W.C.A.B. (WAGNER)

No. 1292 C.D. 1987.

122 Pa.Commw. 171 (1988)

551 A.2d 653

Penn Steel Foundry and Machine Company and State Workmen's Insurance Fund, Petitioners v. Workmen's Compensation Appeal Board (Wagner), Respondents.

Commonwealth Court of Pennsylvania.

December 16, 1988.

Attorney(s) appearing for the Case

Frederick H. Hobbs, for petitioner, Penn Steel Foundry and Machine Company.

Frank L. Tamulonis, Jr., Zimmerman, Lieberman & Derenzo, for respondents, David Wagner, Deceased, by Ruth R. Wagner, Widow.

Submitted on briefs January 19, 1988, to Judges DOYLE and McGINLEY, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY SENIOR JUDGE KALISH, December 16, 1988:

Penn Steel Foundry and Machine Company (employer) seeks review of the opinion and order of the Workmen's Compensation Appeal Board (Board), affirming the referee, which granted the fatal claim petition of the claimant, Ruth R. Wagner. We affirm.

Claimant seeks compensation for the death of her husband, David Wagner (decedent), alleging that he died as a direct result of an occupational disease.

The...

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