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FINK v. WORK. COMP. APPEAL BD. ET AL.

No. 668 C.D. 1977.

37 Pa.Commw. 67 (1978)

LeRoy Fink, t/a Sylvania Tree & Pool Service, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Ruth Reiter, Widow of Thomas A. Reiter, Respondents.

Commonwealth Court of Pennsylvania.

July 31, 1978.

Attorney(s) appearing for the Case

W. Hamlin Neely, for appellant.

David G. Welty, with him Ellwood D. Shimer, and James N. Diefenderfer, for appellees.

Argued March 2, 1978, before Judges WILKINSON, JR., MENCER and BLATT, sitting as a panel of three. Reargued June 6, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT and DiSALLE.

OPINION BY JUDGE WILKINSON, JR., July 31, 1978:

This case comes before us on appeal from a decision of the Workmen's Compensation Appeal Board (Board) which reversed the referee and awarded benefits to the appellee-widow on her fatal claim petition. It was argued before a panel of this Court in March of 1978 and was subsequently ordered to be argued before the Court en banc at this session. We affirm.

The decedent was employed by the appellant LeRoy Fink,...

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