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ASSOCIATED TOWN "N" COUNTRY BUILDERS v. WORKMEN'S COMPENSATION APPEAL BOARD (MARABITO) (03/06/86)

decided: March 6, 1986.

ASSOCIATED TOWN "N" COUNTRY BUILDERS, INC., PETITIONER
v.
WORKMEN'S COMPENSATION APPEAL BOARD (MARABITO), RESPONDENTS



Appeal from the Order of the Workmen's Compensation Appeal Board in the case of Virginia Marabito w/o Lewis v. Associated Town "N" Country Builders, Inc., No. A-86472.

COUNSEL

Seymour A. Sikov, Sikov and Love, P.A., for petitioner.

Bruce E. Woodske, for respondent, Virginia Marabito.

Judges Craig and Palladino, and Senior Judge Kalish, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 95 Pa. Commw. Page 461]

Associated Town "N" Country Builders, Inc., employer, has filed a petition to review the order of the

[ 95 Pa. Commw. Page 462]

Workmen's Compensation Appeal Board affirming the referee's decision awarding specific loss benefits and attorney's fees to claimant Virginia Marabito.

Under sections 306(g) and 410 of the Workmen's Compensation Law,*fn1 the claimant sought specific loss benefits after the death of her husband, Lewis Marabito, the injured employee. His death was unrelated to his work injury, the loss of vision in one eye. The board granted the employer's petition for supersedeas, pending this court's review of the case.

The question is whether a dependent of a deceased employee may receive workmen's compensation benefits to which that employee may have been entitled even though the employee failed to file such a claim during his lifetime. Because this court answered that question affirmatively in Frederico Granero Co. v. Workmen's Compensation Appeal Board, 48 Pa. Commonwealth Ct. 252, 409 A.2d 1167 (1980), we affirm.

On June 14, 1979, while in the course of his employment with the employer, the employee was repairing some concrete steps when a broken nail struck him in the eye, resulting in the loss of that eye. The employer has never contested the fact of that injury. The employer continued to send regular paychecks to the employee until he returned to work on August 3, 1979. On November 25, 1980, the employee died. On March 22, 1982, the claimant filed her claim for her husband's specific loss, which the referee ultimately granted.

Section 410 of The Pennsylvania Workmen's Compensation Act, 77 P.S. ยง 751, clearly authorizes a dependent ...


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