Legal Opinion · Dissent

Chuckwagon v. Workmen's Compensation Appeal Board

Commonwealth Court of Pennsylvania

Decided December 29, 1987No. Appeal, No. 3355 C. D. 1985Published

1Dissent

Dissenting Opinion by

Judge Craig:

The Workmen’s Compensation Law clearly provides that the dependency status of a decedent’s mother is founded upon the existence of dependency “at the time of the injury,”1 and that the compensation rights of such a maternal dependent cease only when she dies, or possibly, when she remarries.2

The indispensable point governing the analysis of this case is that the dependent entitled to compensation is the deceased worker’s mother, not his sister.

*220Under the Law, the compensation right devolves upon and is related to a sister only where no dependent parent exists.…

2Cases cited3 opinions

  1. Kreider v. Workmen's Compensation Appeal BoardCommonwealth Court of Pennsylvania · 1973
  2. Traymore Associates v. Board of SupervisorsCommonwealth Court of Pennsylvania · 1976
  3. DeGuffroy & Associates, Inc. v. Workmen's Compensation Appeal BoardCommonwealth Court of Pennsylvania · 1985

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