May Department Stores v. Workmen's Compensation Appeal Board

Opinion by

Senior Judge Narick,

The May Department Stores, d/b/a Kaufmann’s (Petitioner), has appealed from an order of the Workmen’s Compensation Appeal Board (Board), which affirmed the referees award of fetal claim benefits to Respondent, Eleanor K. Smith, the widow of former Kaufmann’s employee, John T. Smith, pursuant to Section 108(n) of The Pennsylvania Workmen’s Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, added by Section 1 of the Act of October 17, 1972, P.L. 930, 77 PS. §27.1(n). For the reasons which follow, we reverse.

The pertinent facts as found by the…