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HARBISON-W. v. W.C.A.B. (DRAKE)

No. 1288 C.D. 1988.

125 Pa.Commw. 456 (1989)

557 A.2d 460

Harbison-Walker Refractories and Underwriters Adjusting Company, Petitioners v. Workmen's Compensation Appeal Board (Drake), Respondents.

Commonwealth Court of Pennsylvania.

April 27, 1989.

Attorney(s) appearing for the Case

Raymond F. Keisling, Will, Keisling, Ganassi & McCloskey, for petitioners.

Marc S. Jacobs, with him, Wesley Johnson, Galfand, Berger, Lurie & March, for respondents.

Submitted on briefs March 3, 1989, to Judges PALLADINO and SMITH, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE PALLADINO, April 27, 1989:

Harbison-Walker Refractories (Petitioner) appeals from a decision of the Workmen's Compensation Appeal Board (Board), which affirmed a referee's grant of the fatal claim petition of Mary Kathryn Drake (Claimant). We affirm.

Claimant's husband, Floyd Drake, (Decedent) died on April 30, 1982. At the time of his death, Decedent was receiving partial disability benefits from Petitioner as a result of silicosis. Decedent...

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