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CALCITE QUARRY CORP. v. WORK. COMP.

No. 1396 C.D. 1973.

14 Pa.Commw. 347 (1974)

Calcite Quarry Corporation and Pennsylvania Manufacturers' Association Insurance Co., Insurance Carrier, Appellants, v. Workmen's Compensation Appeal Board and John Z. Fry, Appellees.

Commonwealth Court of Pennsylvania.

July 18, 1974.

Attorney(s) appearing for the Case

Thomas A. Ehrgood, with him Ehrgood & Ehrgood, for appellants.

Allen H. Krause, with him James N. Diefenderfer, for appellees.

Argued March 7, 1974, before Judges WILKINSON, JR., MENCER and BLATT, sitting as a panel of three. Reargued June 3, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, WILKINSON, JR., MENCER, ROGERS and BLATT.

OPINION BY JUDGE WILKINSON, July 18, 1974:

This is an appeal by the employer and its insurance carrier from an award by the referee, sustained by the Workmen's Compensation Appeal Board. The basis for the appeal is twofold: (1) that there is no competent evidence on which the referee or the Board could find that an accident occurred; and (2) assuming an accident, that there was no competent evidence on which...

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