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WILLIAM WEBSTER v. WORKMEN'S COMPENSATION APPEAL BOARD (234 (10/24/85)

decided: October 24, 1985.

WILLIAM WEBSTER, DECEASED, BY CAROL WEBSTER FOR LISA, A MINOR, PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (234, INC., AND S.Q. CORPORATION), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in case of William Webster, Deceased, Carol Webster for Lisa (Minor) v. 234, Inc. and S.Q. Corporation, No. A-84636.

COUNSEL

Paul J. Downey, for petitioner.

Harry J. Klucher, Peruto, Ryan & Vitullo, for respondent, 234 Inc.

Charles S. Katz, Jr., Swartz, Campbell & Detweiler, for respondents, S.Q. Corporation and Public Service Mutual Insurance Company.

Judges Craig and Colins, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Colins.

Author: Colins

[ 92 Pa. Commw. Page 413]

This is an appeal by Carol Webster (claimant), brought on behalf of Lisa Webster,*fn1 from an opinion and order of the Workmen's Compensation Appeal

[ 92 Pa. Commw. Page 414]

Board (Board) which reversed a referee's decision awarding claimant benefits under her fatal claim petitions. Claimant is the former wife of William Webster (decedent) and the mother of his daughter Lisa.

Decedent was employed as a porter and cleanup man at "Doctor Watson's Pub", "(Doc Watson's"), a restaurant and bar operated by S.Q. Corporation at 216 South 11th Street in Philadelphia. As part of his employment, decedent would occasionally be directed by Barry Sendrow*fn2 to work as a replacement bartender at the "Barbecue Barn", a restaurant and bar operated by 234 Incorporated at 234 South 11th Street in Philadelphia. Such employment was strictly on a part-time basis and decedent would return to "Doc Watson's" when he was no longer needed at the "Barbecue Barn".

On October 28, 1980, decedent was directed to tend bar at the "Barbecue Barn" from 10:00 a.m. to 6:00 p.m. At approximately 8:20 p.m. on that date, he was stabbed while there. Decedent was taken to Jefferson Hospital, where he died, on October 29, 1980, as a result of the stab wounds.

Claimant filed fatal claim petitions against S.Q. Corporation and 234 Incorporated on behalf of Lisa Webster. Within these claim petitions under the section entitled dependents, claimant listed Lisa Webster and William Henry Ward. William Henry Ward is the illegitimate child of decedent and Carol Ann Nolan.*fn3

[ 92 Pa. Commw. Page 415]

The referee concluded that decedent died while in the furtherance of his employer's business and ordered S.Q. Corporation and 234 Incorporated to pay the amount of $31.50 per week commencing October 29, 1980, to claimant as parent and natural guardian of Lisa Webster, a minor, until age 18, and $31.50 per week to claimant as Trustee Ad Litem for William Henry Ward, a minor, from October 29, 1980, until the child is 18 years old. The referee further directed both corporations to pay the medical expenses, funeral expenses, and counsel fees,*fn4 plus interest. The Board reversed the decision of the referee because it ...


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