Yellow Freight System, Inc. v. Commonwealth

OpiNioN by

Judge Williams, Jr.,

This is an appeal by employer Yellow Freight System, Inc. (Yellow) from an order of the Workmen’s Compensation Appeal Board (Board) affirming a fatal claim award to Janice C. Madara (claimant). The claimant is the widow of Francis C. Madara, Jr., who was killed on October 2, 1976, when the tractor-trailer he was driving for Yellow veered off the highway, rolled down an embankment and overturned.

The threshold question in this case is one of law: whether the untimeliness of the answer to the claim petition barred the employer from introducing evidence of an…