Elliott v. Commonwealth

Opinion by

Judge Palladino,

This is the first of three cases consolidated on appeal, which concern the intendment of Section 301(c)-(2) of The Pennsylvania Workmen’s Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §411(2). Petitioner, the widow of a coal miner, appeals from an order of the Workmen’s Compensation Appeal Board (Board), which denied her entitlement to death benefits under Section 301(c)(2) of the Act. We affirm the Board’s order.

Section 301(c)(2) of the Act provides “/t/hat whenever occupational disease is the basis for compensation, ... it shall apply…