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ZBIEG v. ROCHESTER & PGH. COAL CO.

175 Pa.Super. 308 (1954)

Zbieg, Appellant, v. Rochester & Pittsburgh Coal Company.

Superior Court of Pennsylvania.

April 15, 1954.

Attorney(s) appearing for the Case

George Jerko, with him Carl A. Belin, for appellant.

G.W. Musser, with him Frank G. Smith and Smith, Maine, Whitsett & Lee, for appellee.

Before RHODES, P.J., HIRT, ROSS, GUNTHER, WRIGHT, WOODSIDE and ERVIN, JJ.

OPINION BY HIRT, J., April 15, 1954:

Matthew Zbieg, a loader in a coal mine, suffered an injury from accident on August 17, 1950, in the course of his employment with the defendant. Thereupon an open agreement was entered into with him by the employer under which compensation for total disability was paid for the period ending August 31, 1951, amounting in all to $1,328.53. Subsequently, the defendant, in the belief that the disability of the injured employe had ceased...

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