Shannon v. Workmen's Compensation Appeal Board

DOYLE, Judge.

This appeal presents the unusual issue of whether a workers’ compensation claimant, who at one time during the proceedings on her claim has been adjudicated entitled to benefits, may forfeit that entitlement by delaying her application for benefits until after this Court has determined the substantive issue against her.

The record reveals the following facts. The claimant, Kenneth Shannon, now deceased,1 filed his original claim petition on November 16, 1981, wherein he alleged that a heart attack he suffered on December 4, 1980, was related to some thirty years of exposure to…