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CONYERS v. HOWARD (03/23/71)

decided: March 23, 1971.

CONYERS, APPELLANT,
v.
HOWARD



Appeals from orders of Workmen's Compensation Board dated June 27, 1969, and July 31, 1969, in the matter of Mary Conyers, Claimant (Eddie Perrin, deceased) v. John C. Howard, T/A American Forestry Service and State Workmen's Insurance Fund.

COUNSEL

William Brodsky, for appellant.

Thomas E. Roberts, Assistant Attorney General, for State Workmen's Insurance Fund, appellee.

Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Opinion by Watkins, J.

Author: Watkins

[ 219 Pa. Super. Page 40]

This appeal is from the Order of the Court of Common Pleas of Philadelphia dismissing appeals from an amended order of the Pennsylvania Workmen's Compensation Board.

Initially, a claim was filed by Mary Conyers, mother and natural guardian of five children which she bore to the decedent, Eddie Perrin, though not married to him. The Workmen's Compensation Board entered an order under said claim and on appeal to the Court of Common Pleas and subsequently to the Superior Court from the award resulted in the Board being sustained.

The wife of Eddie Perrin filed a claim for Workmen's Compensation which is now being processed. The defendant petitioned the Board to stay the payments under its order pending the final determination of the claim of Perrin's wife. The Board dismissed the Petition, and on appeal to the Court of Common Pleas of Philadelphia, the court entered the following order: "Nov. 26, 1968 -- The appeal to stay payments is not allowed. I should think, though, that the Insurance Fund will not have to pay twice. The Board should see to that. Sloane, P. J." The appeal to the Superior Court was quashed, per curiam.

[ 219 Pa. Super. Page 41]

The Workmen's Compensation Board, however, on June 27, 1969, entered the following order: "And Now, to wit this Twenty-seventh day of June, 1969, pending the Decision in the companion case of Sadie Perrin, Widow of Eddie Perrin vs. John C. Howard, A-48229, Fatal Claim Petition No. 182, 381, the Order of the Workmen's Compensation Board, dated November 20, 1967, is hereby temporarily amended to read as follows:

Temporary Order

"The defendant, John C. Howard, t/a American Forestry Service, and/or his insurance carrier, State Workmen's Insurance Fund, is hereby ordered and directed to pay claimant, Mary Conyers, as mother and natural guardian of Jeanette Lynn Perrin, Edmund Cornell Perrin, Adophus Derrick Perrin, Kermit Leon Perrin and Marvin Eddie Perrin, compensation as follows: At the rate of $17.00 per week from March 18, 1964 to December 2, 1970; the expiration of the three hundred fifty week period, after which compensation shall be paid at the rate of $35.00 per week to December 8, 1972; at the rate of $32.50 per week from December 8, 1972 to April 26, 1975, at the rate of $25.75 per week from April 26, ...


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