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GARDEN COAL CO., INC. ET AL. v. W.C.A.B. ET AL.

No. 203 C.D. 1976.

27 Pa.Commw. 568 (1976)

Garden Coal Company, Inc. and Old Republic Insurance Company, Insurance Carrier v. Workmen's Compensation Appeal Board and Russell Ateon. Garden Coal Company, Inc. and Old Republic Insurance Company, Insurance Carrier, Appellants.

Commonwealth Court of Pennsylvania.

December 16, 1976.

Attorney(s) appearing for the Case

Joseph J. Lee, for appellants.

Mary Ellen Krober, Assistant Attorney General, with her David A. Ody, Assistant Attorney General, and James N. Diefenderfer, for appellees.

Argued October 25, 1976, before Judges CRUMLISH, JR., KRAMER and MENCER, sitting as a panel of three.

OPINION BY JUDGE KRAMER, December 16, 1976:

This is an appeal by Garden Coal Company and its insurance carrier (appellants) from a decision of the Workmen's Compensation Appeal Board (Board). On October 10, 1974, the claimant, Russell Ateon, filed a petition pursuant to Section 108(q) of The Pennsylvania Workmen's Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 27.1(q), claiming compensation for total disability resulting from...

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