Weaver v. Workmen's Compensation Appeal Board

Opinion by

Judge Rogers,

Theresa Weaver (claimant), widow of David W. Weaver (decedent), has filed a petition for review of an order of the Workmen’s Compensation Appeal Board (board) overturning a referee’s award of compensation to her and her children.

The decedent, who drowned on August 8,1980, was employed as a laborer by an enterprise which built silos. The referee found on substantial evidence that on August 8, 1980, a hot day, the decedent and other workers left the place where they were building a silo and, in the employer’s truck, went first to lunch and, after returning to the…