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RAKOCZY ET AL. v. JANDY COAL CO., INC. ET AL.

Nos. 271 and 234 C.D. 1976.

26 Pa.Commw. 459 (1976)

Steve Rakoczy and Workmen's Compensation Appeal Board v. Jandy Coal Company, Inc., Old Republic Companies and Commonwealth of Pennsylvania. Jandy Coal Company, Inc. and Old Republic Companies, Appellants. Workmen's Compensation Appeal Board and Valentine Berish v. Jandy Coal Company, Inc., Old Republic Companies and Commonwealth of Pennsylvania. Jandy Coal Company, Inc. and Old Republic Companies, Appellants.

Commonwealth Court of Pennsylvania.

September 29, 1976.

Attorney(s) appearing for the Case

Michael D. McDowell, with him Hirsch, Weise & Tillman, for appellants.

Eugene A. Creany, for appellees.

Mary Ellen Krober, Assistant Attorney General, with her David A. Ody, Assistant Attorney General, for Commonwealth.

Argued September 10, 1976, before Judges CRUMLISH, JR., WILKINSON, JR., and ROGERS, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, September 29, 1976:

These cases consolidate two appeals by Jandy Coal Company, Inc., and its insurance carrier (appellants) from separate determinations of the Workmen's Compensation Appeal Board (Board). Both Valentine Berish and Steve Rakoczy filed petitions claiming compensation for total disability resulting from coal-worker's pneumoconiosis. Berish alleged that he was totally disabled on July 29, 1974, and last exposed to coal dust...

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