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GLEN ALDEN CORPORATION v. TOMCHICK (04/11/57)

April 11, 1957

GLEN ALDEN CORPORATION
v.
TOMCHICK, APPELLANT.



Appeal, No. 18, Feb. T., 1957, from order of Court of Common Pleas of Luzerne County, May T., 1956, No. 605, in case of Glen Alden Corporation v. Catherine Tomchick. Order affirmed.

COUNSEL

Charles L. Casper, with him William J. Fahey, and Fahey & Casper, for appellant.

William J. Davis, with him Franklin B. Gelder, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Woodside

[ 183 Pa. Super. Page 307]

OPINION BY WOODSIDE, J.

The defendant in this case questions the jurisdiction of the court of common pleas over an action to recover alleged overpayments made to a widow under a workmen's compensation agreement.

For the purpose of determining jurisdiction, all facts which are averred in the complaint must be accepted as true. Gardner v. Allegheny County, 382 Pa. 88, 94, 114 A.2d 491 (1955).

[ 183 Pa. Super. Page 308]

The facts averred in the complaint are as follows:

The Glen Alden Coal Company, now Glen Alden Corporation, entered into a workmen's compensation agreement providing for the payment to the defendant of the sum of $11 per week for a period of 300 weeks from April 11, 1943 to January 9, 1949, and for the payment of burial expenses in the sum of $200, because of fatal injuries to defendant's husband, Isaac Phillips, while he was in the course of his employment, on April 3, 1943 at the plaintiff's Woodward Colliery.

Section 307 of The Pennsylvania Workmen's Compensation Act of June 2, 1915, P.L. 736, as amended, 77 PS ยง 562, provides: "That upon remarriage of any widow, the compensation of such widow shall continue as hereinbefore provided for one-third of the period during which compensation then remains payable to her."

The defendant widow married Andrew Tomchick at Crown Point, Lake County, Indiana, on February 27, 1946. The plaintiff corporation did not know of this marriage until July 25, 1955, when it received a claim petition from the defendant for compensation as dependent widow for the death of Andrew Tomchick. The plaintiff corporation had inquired of the defendant concerning her marital status six times between ...


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