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POMEROY'S INC. v. WORK. COMP. A. BD.

No. 218 C.D. 1974.

15 Pa.Commw. 270 (1974)

Pomeroy's Inc. and Liberty Mutual Insurance Company, Insurance Carrier, Appellants, v. Workmen's Compensation Appeal Board and Mabel Oliver, Appellees.

Commonwealth Court of Pennsylvania.

September 5, 1974.

Attorney(s) appearing for the Case

Andre Delgalvis, with him Joseph R. Thompson, for appellants.

Leonard J. Gajewski, with him James N. Diefenderfer, for appellees.

Argued July 31, 1974, before Judges WILKINSON, JR., MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE ROGERS, September 5, 1974:

This is an appeal by Pomeroy's Inc. and its insurance carrier from an order of the Workmen's Compensation Appeal Board (Board), which affirmed the referee's denial of the appellants' petition to terminate a compensation agreement between the appellants and Mabel Oliver.

The appellants had the burden to show that Mrs. Oliver's previously agreed to condition of total disability had ceased. Where the decision of the...

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