Martinique v. Commonwealth

Opinion by

Judge Craig,

This is an appeal by Martinique (employer) from an order of the Workmen’s Compensation Appeal Board (Board) affirming the referee’s award of benefits on a fatal claim petition filed by Julie Girardi (claimant) for the death of her husband, Philip Girardi. We affirm the Board.

Philip Girardi was a waiter for the employer at a New Year’s Eve banquet on December 31, 1972. His duties that evening included setting up his tables, circulating among the guests carrying a heavy tray of hors d’oeuvres, putting out two heavy ice buckets, serving drinks to his assigned tables,…