WORK. COMP. APPEAL BD. ET AL. v. DENNY, APLNT.

No. 1345 C.D. 1975.

25 Pa.Commw. 395 (1976)

Workmen's Compensation Appeal Board of the Commonwealth of Pennsylvania and W.R. Wallis, Inc. v. Myron Denny, Jr., Appellant.

Commonwealth Court of Pennsylvania.

July 2, 1976.


Attorney(s) appearing for the Case

William F. Bradican, for appellant.

Joseph A. Murphy, with him John R. Lenahan, and Lenahan, Dempsey & Murphy, and James N. Diefenderfer, for appellees.

Argued February 6, 1976, before Judges KRAMER, ROGERS and BLATT, sitting as a panel of three.


OPINION BY JUDGE KRAMER, July 2, 1976:

This is an appeal by Myron Denny, Jr.1 from an adjudication of the Workmen's Compensation Appeal Board affirming the determination of the referee that Denny's employer, W.R. Wallis, Inc., was not liable for the payment of the attorney's fees and costs incurred by Denny as a result of the unsuccessful petition to terminate filed by Wallis. We will reverse.

On April 24, 1970, Denny experienced...

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