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ANN G. YANTOS v. WORKMEN'S COMPENSATION APPEAL BOARD (VULCAN MOLD & IRON COMPANY (08/18/89)

decided: August 18, 1989.

ANN G. YANTOS, WIDOW OF GEORGE J. YANTOS, DECEASED, PETITIONER,
v.
WORKMEN'S COMPENSATION APPEAL BOARD (VULCAN MOLD & IRON COMPANY, DIVISION OF VULCAN, INC.), RESPONDENTS



PETITION FOR REVIEW (WORKMEN'S COMPENSATION).

COUNSEL

Leslie J. Mlakar, Loughran, Mlakar & Bilik, Greensburg, for petitioner.

John B. Bechtol, and Thomas H. May, Pittsburgh, for respondents.

Crumlish, Jr., President Judge, and Colins, J., and Narick, Senior Judge.

Author: Colins

[ 128 Pa. Commw. Page 233]

Ann G. Yantos (claimant), widow of George J. Yantos (decedent), appeals an order of the Workmen's Compensation

[ 128 Pa. Commw. Page 234]

Appeal Board (Board) which affirmed the referee's decision dismissing her fatal claim petition. We affirm.

The decedent was employed by Vulcan Mold & Iron Company (employer) for over twenty (20) years. The employer is in the business of manufacturing iron molds for shipment to its customers. At the time of his death, the decedent was employed as a second pitman, which involved preparing a flask for the receipt of molten metal. Decedent was responsible for placing a core in the center of the flask so that molten ore would be poured around the core in the flask.

The decedent died on December 31, 1979. On that day, he worked from 7:00 a.m. until 1:00 p.m.*fn1 He returned to his home at 3:00 p.m. and complained of chest pains and shortness of breath. At approximately 6:30 p.m., he was taken by ambulance to Latrobe Hospital where he died at 7:00 p.m. Claimant filed a fatal claim petition on January 4, 1983, alleging that the decedent died as a result of a heart attack precipitated by the stress entailed by the heavy labor of his employment.

Following a hearing and a tour of decedent's work place,*fn2 the referee decided that claimant was not entitled to fatal claim benefits since the decedent did not die as a result of a work injury as required by Section 301(c) of The Pennsylvania Workmen's Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. ยง 411(1).

The referee found:

SEVENTH: As the second pitman, decedent's duty involved the placement of the core and he was required to place it exactly ...


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