Nabisco, Inc. v. Workmen's Compensation Appeal Board

SMITH, Judge.

Nabisco, Inc. (Employer) petitions for review of an order of the Workmen’s Compensation Appeal Board (Board) which affirmed the referee’s decision to grant Ann Cummings’ (Claimant) fatal claim petition pursuant to Section 108(i) of the Workers’ Compensation Act (Act), Act of June 2,1915, P.L. 736, as amended, 11 P.S. § 27.1(í l.1 The issue presented is whether the referee erred in accepting and relying on testimony offered by Claimant’s witnesses.

Decedent, Dale Cummings, was employed as a baker in Employer’s third-floor bake shop from 1955 until 1981. He died from malignant…