Mathies Coal Co. v. Workmen's Compensation Appeal Board

Because I believe Claimant’s fatal claim petition should be dismissed, I respectfully dissent from the majority. In support thereof, I submit the following.

Mathies Coal Company (Employer) petitioned for review of an order of the Workmen’s Compensation Appeal Board (Board) which affirmed the decision of the referee and granted the fatal claim petition of Vickie Lynn Tau (Claimant).

Claimant’s deceased spouse, William P. Tau (Tau), worked for Employer as a utility man in the underground mine of the Employer. The utility man does all the odd jobs and gets “cuts” ready for the other miners. Upon…