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WORKMEN'S COMPENSATION APPEAL BOARD COMMONWEALTH PENNSYLVANIA AND MARCELLA FARKAS v. COMMONWEALTH PENNSYLVANIA (06/05/75)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: June 5, 1975.

WORKMEN'S COMPENSATION APPEAL BOARD OF THE COMMONWEALTH OF PENNSYLVANIA AND MARCELLA FARKAS, WIDOW OF JULIUS FARKAS, DECEASED,
v.
COMMONWEALTH OF PENNSYLVANIA, APPELLANT

Appeal from the Order of the Workmen's Compensation Appeal Board in case of Marcella Farkas, Widow of Julius Farkas, Deceased, v. Jones & Laughlin Steel Corporation and Commonwealth of Pennsylvania, No. A-69077.

COUNSEL

Sandra S. Christianson, Assistant Attorney General, for appellant.

C. Jerome Moschetta, with him James N. Diefenderfer, for appellee.

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

Author: Wilkinson

[ 19 Pa. Commw. Page 493]

This case involves substantially the same issue as was raised in Workmen's Compensation Appeal Board and Klebick v. Commonwealth of Pennsylvania, 19 Pa. Commonwealth Ct. 499, 338 A.2d 758 (1975). In this case, the claimant's husband had died on November 28, 1973, as a result of congestive heart failure. The competent medical evidence relied upon by the referee was that the decedent suffered from anthraco-silicosis which was a significant contributory factor in causing his death. Since Section 301(c)(2) of the Act*fn1 covers the disability or death of an employee, and since decedent's post June 30, 1973 exposure caused in part that death, the compensation award to the appellee was proper. Klebick, supra.

Accordingly, we enter the following

Order

Now, June 5, 1975, the order of the Workmen's Compensation Appeal Board, dated January 6, 1975, affirming the referee's award of compensation to Marcella Farkas and Julius Farkas, Jr., is hereby affirmed.

Disposition

Affirmed.


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