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TESTA v. R. & J. TANNING CORP. et al.

212 Pa.Super. 219 (1968)

Testa v. R. & J. Tanning Corporation (et al., Appellant).

Superior Court of Pennsylvania.

May 10, 1968.

Attorney(s) appearing for the Case

Richard A. Adams, Special Assistant Attorney General, with him Raymond Kleiman, Deputy Attorney General, Thomas E. Roberts, Chief Counsel, and William C. Sennett, Attorney General, for State Workmen's Insurance Fund, appellant.

Charles H. Spaziani, for appellee.

Stanley E. Stettz, with him Fackenthal, Teel, McGiffert & Stettz, for insurance company, appellee.

Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, HOFFMAN, SPAULDING, and HANNUM, JJ.

OPINION PER CURIAM, May 10, 1968:

Judgment affirmed.

CONCURRING OPINION BY MONTGOMERY, J.:

This appeal presents a difficult question, namely, did claimant's second accident cause a recurrence of the disability which arose from the injuries he sustained in his first accident, or is his claim for a new injury caused by his second accident? The Board found as a fact that there was a recurrence of the first injury, and the lower court affirmed the finding...

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