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W. C. A. B., ET AL. v. DOWLING

No. 626 C.D. 1975.

22 Pa.Commw. 7 (1975)

Workmen's Compensation Appeal Board of The Commonwealth of Pennsylvania and Crucible, Inc. v. Larry R. Dowling, Appellant.

Commonwealth Court of Pennsylvania.

November 18, 1975.

Attorney(s) appearing for the Case

Philip D. Freedman, with him Caldwell, Clouser & Kearns, William G. Boyle, and Meyer, Unkovic & Scott, for appellant.

James N. Diefenderfer, for appellees.

Argued October 31, 1975, before Judges WILKINSON, JR., ROGERS and BLATT, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, November 18, 1975:

We have no doubt that had the Workmen's Compensation Appeal Board had the benefit of Judge MENCER'S decision, filed August 6, 1975, in Workmen's Compensation Appeal Board v. Leuschen, 21 Pa.Commw. 39, 342 A.2d 810 (1975), when it decided this case on April 10, 1975, we would not have it here before us today. The only question involved is whether the referee

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