Here is the opinion in Elk Mountain Ski Resort, Inc. v. Workers’ Compensation Appeal Board (Pa. Commonwealth Ct.):
An excerpt:
Elk Mountain Ski Resort, Inc. (Employer) petitions for review of the order of the Workers’ Compensation Appeal Board (Board) that affirmed the decision of the Workers’ Compensation Judge (WCJ) granting the fatal claim petition filed by Tara Tietz–Morrison (Claimant) as the surviving wife of Wayne Tietz (Decedent) and guardian of their children.
Employer questions (1) whether the WCJ failed to require Claimant to establish a common-law marriage by clear and convincing evidence, (2) whether Claimant was competent to testify to establish a common-law marriage contract with Decedent under Section 5930 of the Judicial Code (Dead Man’s Act), as amended, 42 Pa.C.S. § 5930, and (3) whether Claimant’s documentary evidence postdating the 2005 abolishment of common-law marriages in Pennsylvania could support the alleged June 12, 2004 common-law marriage of Decedent and Claimant. We reject Employer’s argument that the WCJ placed the incorrect burden of proof upon Claimant. We further conclude that Claimant’s testimony was not proscribed by the Dead Man’s Act, that Claimant established a common-law marriage by clear and convincing evidence, and that her documentary evidence was relevant to the issue of constant cohabitation of Decedent and Claimant and a reputation of their marriage. Accordingly, we affirm.
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