McCusker v. Workmen's Compensation Appeal Board

McGINLEY, Judge.

Alan L. McCusker (Claimant), widower of Marilyn McCusker (Decedent), petitions for review of an order of the Workmen’s Compensation Appeal Board (Board) that affirmed a referee’s decision granting Rushton Mining Company’s (Employer) petition for termination of benefits after determining that Claimant had engaged in a meretricious relationship in violation of Section 307(7) of The Pennsylvania Workmen’s Compensation Act (Act). 1

The issues presented for our review are whether Claimant’s sexual conduct with an unmarried woman constitutes a meretricious relationship under Section…