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M & D AUTO BODY v. W.C.A.B. (PALLOTT)

143 Pa.Commw. 346 (1991)

599 A.2d 1016

M & D AUTO BODY, Petitioner, v. WORKMEN'S COMPENSATION APPEAL BOARD (JOHN PALLOTT), Respondents.

Commonwealth Court of Pennsylvania.

Decided November 4, 1991.

Reargument Denied January 10, 1992.

Attorney(s) appearing for the Case

Arthur J. Leonard, for petitioner.

John C. Reed, for respondents.

Before PALLADINO and BYER, JJ., and BARBIERI, Senior Judge.

BYER, Judge.

On July 12, 1977, John Pallott, an automobile mechanic for M & D Auto Body, sustained a work-related injury. He received benefits for total disability.

M & D filed a petition for modification, alleging that Pallott's condition had changed from full to partial disability effective June 17, 1978, when he opened an auto repair and inspection station. Pallott admitted continuously operating

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