Last month, the Commonwealth Court took the action of reporting a previously unreported decision from August of this year in the matter of Justus v. Workers’ Compensation Appeal Board (Bay Valley Foods), 1556 C.D. 2015. The case addresses a very fact specific fatal claim, which provides some guidance as to the burden of proof in such a petition, and what is considered substantial competent evidence in such cases.
As with a normal claim petition, the burden of proof in a fatal claim involves proving “all elements for an award,” including an employment relationship during which an accident or injury occurs, which arises in the course and scope of one’s employment and is related thereto. In a fatal claim petition, the claimant (who is the individual bringing the claim) has the additional burden of showing that he/she is a widow or widower of the decedent or is otherwise part of a class of recipients entitled to benefits under the Workers’ Compensation Act.
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