KERNER CO., ET AL., APLNTS. v. W. C. A. B., ET AL.

No. 194 C.D. 1974.

18 Pa.Commw. 282 (1975)

R.M. Kerner Company and Pennsylvania Manufacturers' Association Insurance Company, Insurance Carrier, Appellants, v. Workmen's Compensation Appeal Board and Ronald Schaack, Appellees.

Commonwealth Court of Pennsylvania.

April 4, 1975.


Attorney(s) appearing for the Case

Howard N. Plate, with him Plate, Doyle, Kroto and Hutzelman, for appellants.

James P. Lay, III, with him Gifford and Lay, and James N. Diefenderfer, for appellees.

Argued February 6, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR. and MENCER, sitting as a panel of three.


OPINION BY JUDGE MENCER, April 4, 1975:

The narrow issue in this workmen's compensation case is the propriety of the reversal of a referee's finding by the Workmen's Compensation Board (Board) and the substitution of its own findings in reaching a conclusion that Ronald Schaack (claimant) was entitled to compensation benefits.

Claimant was employed as a saw operator by the R.M. Kerner Company when, on September 17, 1971, he injured his back while manipulating...

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