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UNIVERSITY PITTSBURGH AND PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY v. MARLA PERLMAN (03/17/80)

COMMONWEALTH COURT OF PENNSYLVANIA


decided: March 17, 1980.

UNIVERSITY OF PITTSBURGH AND PENNSYLVANIA MANUFACTURERS' ASSOCIATION INSURANCE COMPANY, PETITIONERS
v.
MARLA PERLMAN, WIDOW OF LAWRENCE V. PERLMAN, DECEASED, RESPONDENT

Appeal, from the Order of the Workmen's Compensation Appeal Board in case of Lawrence V. Perlman, Deceased; Marla, Widow of University of Pittsburgh, No. A-75077.

President Judge Bowman did not participate in the decision in this case. Judge Wilkinson, Jr. and Judge MacPhail dissent.

Author: Per Curiam

[ 49 Pa. Commw. Page 354]

After our decision in this case was handed down on September 11, 1979, the petitioners filed a timely application for reargument. Their application was granted and reargument was heard before the Court en banc. Having reconsidered the issues raised, we find no reason to change our previous opinion. The order will be amended, however, to correct our erroneous reference to the continuation of benefits until the eighteenth birthday of the claimant's youngest dependent child so that full benefits will continue until the eighteenth birthday of the claimant's oldest dependent child with suitable adjustment made thereafter.

Per Curiam Order

And Now, this 17th day of March, 1980, the order of this Court in the above-captioned matter dated September 11, 1979, is hereby affirmed and amended to read as follows:

And Now, this 11th day of September, 1979, the order of the Workmen's Compensation Appeal Board is hereby affirmed, and judgment is entered in favor of Marla Perlman and against the University of Pittsburgh. The employer and/or its insurer are ordered to pay

[ 49 Pa. Commw. Page 355]

    compensation at the rate of $171.00 per week beginning May 17, 1975, and continuing until the eighteenth birthday of the claimant's oldest dependent child, to be thereafter adjusted in accord with the provisions of the Act. The employer and/or its insurer are also ordered to pay funeral expenses in the amount of $1,175.00, interest on accrued compensation at 10 percent per annum, and counsel fees at 20 percent as approved by the referee.

It is further ordered that the Board pay the following expenses of the impartial medical expert:

Herbert E. Thomas, M.D. $300.00

President Judge Bowman did not participate in the decision in this case.

Judge Wilkinson, Jr. and Judge MacPhail dissent.

19800317

© 1998 VersusLaw Inc.



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