Petyak v. Commonwealth

Opinion by

Judge Mencer,

The petitioner, Helen Petyak, widow of Michael Petyak, filed a fatal claim petition for dependent’s compensation under The Pennsylvania Workmen’s Compensation Act1 against the Barnes and Tucker Company (employer) and the Commonwealth of Pennsylvania (Commonwealth), alleging that the death of her husband was due to coal worker’s pneumoconiosis. The petitioner testified before the referee and introduced into evidence the deposition of Dr. Joseph E. Pirog, who had performed a thoracic autopsy on the decedent. Neither the employer nor the Commonwealth introduced evidence.

The…