McCusker v. Workmen's Compensation Appeal Board

OPINION

ZAPPALA, Justice.

We granted this appeal to consider a challenge on federal and state constitutional grounds to § 307(7) of the Workmen’s Compensation Act (Act), of June 2,1915, P.L. 736, as amended, 77 P.S. § 562, which provides for benefits to dependents of deceased workers.

Appellant, Alan McCusker, began receiving workmen’s compensation benefits pursuant to § 307(7) of the Act in January, 1980, after his wife was killed in a work-related accident. In 1988, Rushton Mining Company (Employer) petitioned to terminate the Appellant’s benefits alleging that he was living in a meretricious…