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  5. 23 Pa.Commw. 203 (1976)
 

W. C. A. B., ET AL. v. P. M. A. I. C., ET AL.

No. 1131 C.D. 1975.

23 Pa.Commw. 203 (1976)

Workmen's Compensation Appeal Board of the Commonwealth of Pennsylvania and Herbert H. Penn v. P.M.A.I.C. and McGee Memorial Hospital, Appellants.

Commonwealth Court of Pennsylvania.

February 5, 1976.

Attorney(s) appearing for the Case

Howard M. Ellner, with him John F. McElvenny, for appellants.

Edward F. Silva, with him Jack E. Feinberg, and James N. Diefenderfer, for appellees.

Argued January 9, 1976, before Judges KRAMER, WILKINSON, JR., and MENCER, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, February 5, 1976:

On June 9, 1960, Herber H. Penn (Penn) suffered a back injury while in the course of his employment with McGee Memorial Hospital (Hospital). Pursuant to an agreement, Penn was paid total disability compensation from June 10, 1960, to October 9, 1962. However, alleging a recurrence of the injury, Penn filed a petition for modification on April 10, 1964, and obtained reinstatement

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