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SWERDON v. LYCOMING CONSTRUCTION COMPANY AND TRAVELERS INSURANCE COMPANY (12/17/71)

decided: December 17, 1971.

SWERDON
v.
LYCOMING CONSTRUCTION COMPANY AND TRAVELERS INSURANCE COMPANY, INSURANCE CARRIER



Appeal from the Decision of the Court of Common Pleas of Luzerne County in case of Margaret Swerdon, Widow of Claimant Joseph Swerdon, Deceased v. Lycoming Construction Company and Travelers Insurance Company. No. 1040, July Term, 1970.

COUNSEL

Martin J. O'Donnell, with him James V. Senape, Jr., for appellant.

S. Keene Mitchell, Jr., with him Bedford, Walter, Griffith, Darling & Mitchell, for appellees.

Judges Crumlish, Jr., Kramer and Rogers, sitting as a panel of three.

Author: Per Curiam

[ 3 Pa. Commw. Page 535]

This appeal is from an order of the Court of Common Pleas of Luzerne County affirming an order of the Workmen's Compensation Board dismissing a fatal claim petition.

We have reviewed the record and adopt the comprehensive opinion of Judge Robert J. Hourigan, following:

"Joseph Swerdon, claimant's husband, was injured on July 29, 1959. He died on July 25, 1967. He had filed a claim petition during his lifetime and was awarded compensation for total disability during his lifetime, which benefits were received by him to the date of his death.

"The widow petitioned for compensation on behalf of herself and her two minor children. The referee denied compensation to the widow, but allowed it to the two minor children. The widow appealed to the Workmen's Compensation Board who upheld the referee's denial of the widow's claim, but reversed the referee's award to the children. This appeal followed.

"The question presented to the Court deals with the interpretation of § 301(c) of the Workmen's Compensation Act, 77 P.S. 411, and can be phrased as follows: Is a claim for compensation by a widow and minor children of an employee who was receiving total disability to the date of his death, but died more than three hundred weeks after the injury giving rise to the compensation, barred by § 301(c) of the Workmen's Compensation Act?

"Section 301(c) states in part: '. . . and wherever death is mentioned as a cause for compensation under this act, it shall mean only death resulting from such

[ 3 Pa. Commw. Page 536]

    violence and its resultant effects, and occurring within three hundred ...


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