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BARR v. B & B CAMPER SALES (02/07/73)

decided: February 7, 1973.

BARR
v.
B & B CAMPER SALES



Appeal from the Order of the Workmen's Compensation Appeal Board, in case of Hilda I. Barr, Widow of Charles Allen Barr v. B & B Camper Sales, No. A-64414.

COUNSEL

John McD. Sharpe, Jr., with him Sharpe and Sharpe, for appellant.

Thomas M. Painter, with him Ullman and Painter, for appellee.

Judges Crumlish, Jr., Wilkinson, Jr., and Mencer, sitting as a panel of three. Opinion by Judge Crumlish, Jr.

Author: Crumlish

[ 7 Pa. Commw. Page 324]

This is an appeal from a decision of the Workmen's Compensation Appeal Board granting compensation benefits to the claimant-appellee.

The owner of a camper delivered it to B & B Camper Sales,*fn1 appellant, for the dual purpose of replacing a refrigerator and servicing an apparently defective heating system.

[ 7 Pa. Commw. Page 325]

Appellee's husband sustained fatal burns on September 21, 1967, when the camper suddenly and without apparent explanation exploded.

After the accident and ensuing death of her husband, Mrs. Barr filed a fatal claim petition with the Bureau of Workmen's Compensation. The referee after a hearing disallowed the claim. Claimant then appealed to the Workmen's Compensation Board which reversed the referee and awarded the benefits sought.

B & B Camper Sales appealed from that decision directly to this Court under the Act of February 8, 1972, P.L. (No. 12).

Appellant contends that the Board erred in allowing benefits because (1) the deceased was not his employe, and (2) even assuming that decedent was an employe, his role was that of a salesman, no substantial evidence appears on the record which would cause the Board to conclude ...


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