McCloskey v. Workmen's Compensation Appeal Board

OPINION

McDERMOTT, Justice.

This is an appeal from a decision of the Commonwealth Court affirming an order of the Workmen’s Compensation Appeal Board (hereinafter “Board”) which reversed an award of benefits to appellant, Margaret McCloskey.1 58 Pa.Cmwlth. 29, 427 A.2d 288.

*97Appellant filed a Fatal Claim Petition on December 4, 1974 alleging that the death of her husband, Harold McCloskey (hereinafter “deceased”), on the previous January 4, was the result of pneumoconiosis or silicosis, a lung disease allegedly contracted by the deceased during his employment with appellee, J.H. France…