Legal Opinion

Sheaffer v. Penn Dairies, Inc.

Superior Court of Pennsylvania

Decided October 7, 1947No. Appeal, 198PublishedCited by 12 opinions

1Opinion of the Court

Opinion by

Reno, J.,

The referee refused compensation to the claimant upon the ground that her husband had died of natural causes and not from an accidental injury. The board found that his death resulted from an accidental fall, but refused compensation because claimant was not “living with” the deceased at the time of his death. The court below reversed the board, awarded compensation, and from its judgment the employer and its insurance carrier appealed.

The case turns upon the meaning of §307, 77 PS §562, of the Workmen’s Compensation Act: “No compensation shall be payable under this section…

2Cases cited4 opinions

  1. Creasy v. Phœnix Utilities Co.Supreme Court of Pennsylvania · 1923
  2. Icenhour v. Freedom Oil Wks. Co. (Et Al.)Superior Court of Pennsylvania · 1939
  3. Icenhour v. Freedom Oil Works Co.Superior Court of Pennsylvania · 1941
  4. Dietrich v. Hudson Coal Co.Superior Court of Pennsylvania · 1935

3Cited by12 opinions

  1. St. Paul Fire And Marine Insurance Company v. Barbara LewisCourt of Appeals for the Third Circuit · 1991
  2. Long v. Southwestern Bell Telephone CompanyCourt of Appeals of Texas · 1969
  3. E & S Fabricating & Welding Co. v. CommonwealthCommonwealth Court of Pennsylvania · 1980
  4. Miterko v. Jeddo-Highland Coal Co.Superior Court of Pennsylvania · 1963
  5. Thatch v. SUPERIOR ZINC COMPANYCommonwealth Court of Pennsylvania · 1972

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