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BUSH COAL COMPANY AND STATE WORKMEN'S INSURANCE FUND v. WORKMEN'S COMPENSATION APPEAL BOARD (ADAMS) (10/30/85)

decided: October 30, 1985.

BUSH COAL COMPANY AND STATE WORKMEN'S INSURANCE FUND, PETITIONERS
v.
WORKMEN'S COMPENSATION APPEAL BOARD (ADAMS), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in the case of Kathleen Adams w/o Foster v. Bush Coal Company, No. A-86643.

COUNSEL

Paul J. Dufallo, Assistant Chief Counsel, for petitioners.

Frank L. Tamulonis, Jr., Zimmerman, Lieberman & Derenzo, for respondent, Kathleen Adams, Widow of Foster Adams, Deceased.

Judges Rogers and MacPhail, and Senior Judge Barbieri, sitting as a panel of three. Opinion by Judge Rogers.

Author: Rogers

[ 92 Pa. Commw. Page 507]

Bush Coal Company and the State Workmen's Insurance Fund have filed petitions for review of an order of the Workmen's Compensation Appeal Board affirming a referee's action granting the fatal claim petition of Kathleen Adams for compensation on account of the death of her husband.

In April 1976 the claimant's husband sustained a myocardial infarction in the course of his employment with the petitioner Bush Coal Company which was totally and permanently disabling and for which cause he received workmen's compensation.

At the referee's hearing in the present proceedings, the claimant testified concerning her husband's state of total disability for work on account of his heart ailment. She said that on the day of her husband's

[ 92 Pa. Commw. Page 508]

    death, November 18, 1980, a man named Madonna, the father of two teenage girls with whom the Adams' teenage son had been engaged in controversy on the school bus, called on the telephone, that Madonna and her husband agreed to meet at two o'clock that afternoon and that her husband left the house for this meeting shortly before two o'clock. Mr. Adams died of heart failure later that afternoon.

The claimant adduced the testimony of Dr. Richard P. Bindie who performed an autopsy upon the decedent on the afternoon of November 18, 1980 and who testified that the decedent had contusions of the face; that he had died that day as the result of arrhythmia of his heart; that the basic cause of death was severe heart disease; and that a fight was the precipitating cause of death. The doctor testified as follows:

A. The basic cause of death was hypertensive atherosclerotic coronary heart disease with a ...


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