Commonwealth, Bureau of Workers' Compensation v. Uchaker
Commonwealth, Bureau of Workers' Compensation v. Uchaker
Opinion of the Court
Opinion by
■The appellee, Mary Uchaker, filed a fatal claim petition for burial expenses under section 307(8) of the Pennsylvania Occupational Disease Act, Act of June 21, 1939, P.L. 566, as amended, 77 P.;S. §1407, alleging that her husband, Rudolph Uchaker, died of an occupational disease. The referee granted the petition; however, the Workmen’s Compensation Appeal Board (Board) reversed. The Court of Common Pleas of Cambria County reversed the Board. We affirm the action of the common pleas court.
. In Kusenko, the Pennsylvania Supreme ■ Court set down the definitive standard for determining causation in oases where the death was the result of multiple illnesses; the requirements of section 301(c)(2) of The Pennsylvania Workmen’s Compensation Act, Act of June 2,1916, P.L. 736, as amended, 77 P.S. ^411(2), “may be met by showing with unequivocal medical evidence that the deceased suffered from an occupational disease .and that it was a substantial, contributing factor among the secondary causes in bringing about death.” Kusenko, 506 Pa. at 107, 484 A.2d at 376, quoting McCloskey, 501 Pa. at 101, 460 A.2d at 241. Whether there was unequivocal medical evidence to establish causation is a question of law reviéwable by this court. It is not fatal to a claimant’s case that her physician does not use the magic words “substantial contributing factor” in describing the cause of the death. Here, where the physician’s report for the
Order
The .order of the Court of Commlon Pleas of Cambria County i in No. 1981-930, dated October 18, 1983, is affirmed.
Reference
- Full Case Name
- Commonwealth of Pennsylvania, Bureau of Workers' Compensation v. Mary Uchaker, Widow of Rudolph
- Cited By
- 3 cases
- Status
- Published