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W.C.A.B., ET AL. v. CITY OF HAZELTON

No. 330 C.D. 1975.

21 Pa.Commw. 522 (1975)

Workmen's Compensation Appeal Board of The Commonwealth of Pennsylvania and Anthony M. DeCusatis v. City of Hazleton, Appellant.

Commonwealth Court of Pennsylvania.

November 6, 1975.

Attorney(s) appearing for the Case

Joseph A. Murphy, with him Anthony J. Piazza, John R. Lenahan, and Lenahan, Dempsey & Murphy, for appellant.

Thomas J. Sharkey, with him Joseph J. Ustynoski, Thomas J. Carlyon, Falvello, Ustynoski, Giuliani & Bernstein, and James N. Diefenderfer, for appellees.

David A. Ody, Assistant Attorney General, for amicus curiae, Commonwealth.

Argued September 12, 1975, before President Judge BOWMAN and Judges KRAMER and MENCER, sitting as a panel of three.

OPINION BY JUDGE KRAMER, November 6, 1975:

This is an appeal by the City of Hazleton from an order of the Workmen's Compensation Appeal Board, which affirmed an order of the referee granting workmen's compensation benefits to Anthony M. DeCusatis. We must remand this case because the Board erred as a matter of law by awarding benefits under the Pennsylvania Workmen's Compensation Act1 when DeCusatis had filed a claim for benefits under...

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