Morey v. Workmen's Compensation Appeal Board

RODGERS, Senior Judge.

Julia Morey (Claimant) petitions for review of an order of the Workmen’s Compensation Appeal Board (Board) which reversed the decision of a workers’ compensation judge (WCJ) granting Claimant’s fatal claim petition. We reverse.

On February 1,1993, Claimant filed a fatal claim petition against Bethenergy Mines, Inc. (Employer) alleging that her husband, John Morey (Decedent), died as a result of work-related silicosis and anthraco-silicosis. Employer filed a timely answer denying the allegations and the case was assigned to a WCJ.

The following facts are summarized from the…