Lowery v. Pittsburgh Coal Co.

Opinion by

Weight, J.,

This case arises under The Pennsylvania Occupational Disease Act of Jane 21, 1939, P. L. 566, 77 P.S. L201 et seq. On May 7, 1964, Joel S. Lowery filed a claim petition alleging that he became totally disabled from silicosis on June 4, 1955. Answers were filed by the employer and the Commonwealth.1 On May 25, 1964, before any hearing had taken place, Lowery died. His death was called to the Board’s attention by letter, but the widow did not file a separate fatal claim petition. See Moore v. Dodge Steel Co., 206 Pa. Superior *77Ct. 242, 213 A. 2d 130. After taking testimony…