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CRANGI DIST. CO. ET AL., APLNTS., v. W.C.A.B. ET AL.

No. 1545 C.D. 1973.

17 Pa.Commw. 530 (1975)

Crangi Distributing Company and Home Insurance Co., Insurance Carrier, Appellants, v. Workmen's Compensation Appeal Board and Roy Nicewonger, Appellees.

Commonwealth Court of Pennsylvania.

March 5, 1975.

Attorney(s) appearing for the Case

Eugene F. Scanlon, Jr., with him Noble R. Zuschlag, and Dickie, McCamey & Chilcote, for appellant.

Rex Downie, Jr., with him James N. Diefenderfer, for appellees.

Argued June 6, 1974, before Judges WILKINSON, JR., MENCER and ROGERS, sitting as a panel of three. Reargued December 4, 1974, before President Judge BOWMAN and Judges CRUMLISH, JR., KRAMER, MENCER, ROGERS and BLATT. Judge WILKINSON, JR. did not participate. Resubmitted on briefs by stipulation of the parties with the full court, including Judge WILKINSON, JR., participating.

OPINION BY JUDGE ROGERS, March 5, 1975:

This case requires us to interpret new statutory law empowering the Pennsylvania workmen's compensation authorities to impose penalties upon, and to order the payment of claimants' attorney's fees by, employers and their insurance carriers.

The claimant, Roy Nicewonger, was employed as a truck driver-delivery man by Crangi Distributing Company, a small beer distributing...

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