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WORKMEN'S COMPENSATION APPEAL BOARD v. SYLVIA GUTMAN (02/03/76)

decided: February 3, 1976.

WORKMEN'S COMPENSATION APPEAL BOARD, JORDAN PAINT FACTORY AND NATIONWIDE MUTUAL INSURANCE COMPANY
v.
SYLVIA GUTMAN, WIDOW OF BERNARD GUTMAN, DECEASED, APPELLANT



Appeal from the Order of the Workmen's Compensation Appeal Board, in case of Sylvia Gutman, widow of Bernard Gutman, deceased v. Jordan Paint Factory, No. A-69081.

COUNSEL

Richard A. Gutman, with him Gutman and McAllister, for appellant.

Donald S. Himmelreich, with him Teel, Stettz, Shimer & DiGiacomo, and James N. Diefenderfer, for appellees.

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

Author: Rogers

[ 23 Pa. Commw. Page 177]

This is an appeal from a decision and order of the Workmen's Compensation Appeal Board which affirmed

[ 23 Pa. Commw. Page 178]

    a referee's denial of benefits sought by a Fatal Claim Petition of a workman's widow.

[ 23 Pa. Commw. Page ]

Bernard Gutman died on April 12, 1972 as a result of thrombophlebitis developing after an operation for the repair of an inguinal hernia on April 4, 1972. His widow thereafter filed a Fatal Claim Petition for death benefits under the Workmen's Compensation Act,*fn1 alleging that the hernia was caused by an employment-related accident occurring in March or April, 1970. A referee, after two hearings, denied benefits and his decision was affirmed by the Workmen's Compensation Appeal Board. The widow-claimant has appealed, saying that the case should be remanded to the referee for further findings of fact because the existing findings are inadequate for purposes of appellate review under the cases. Page's Department Store v. Velardi, Pa. , 346 A.2d 556 (1975); Joseph Horne Company v. Workmen's Compensation Appeal Board, 15 Pa. Commonwealth Ct. 419, 327 A.2d 395 (1974); Greene v. Marger, Inc., 12 Pa. Commonwealth Ct. 423, 317 A.2d 358 (1974).

The referee's findings were as follows:

"1. The claimant has failed to prove the decedent, her husband, suffered a compensable injury in 'March or April, 1970.'

"2. The Claim Petition of the decedent was filed with the Bureau on 6 March 1973, substantially beyond the statute of limitations in effect ...


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