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ROYAL FACTORIES, INC. v. W. C. A. B. ET AL.

No. 1533 C.D. 1977.

38 Pa.Commw. 158 (1978)

Royal Factories, Inc., Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Balbino Garcia, Respondents.

Commonwealth Court of Pennsylvania.

October 17, 1978.

Attorney(s) appearing for the Case

Michael P. McKenna, with him Marcy B. Tanker, and John F. McElvenny, for appellant.

David Freeman, with him James N. Diefenderfer, for respondents.

Argued September 11, 1978, before Judges WILKINSON, JR., ROGERS and CRAIG, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., October 17, 1978:

This workmen's compensation case is on appeal to this Court for the second time. As recognized by the Workmen's Compensation Appeal Board (Board), it is "an unusual case procedurally." Abbreviating the procedural history, all parties appealed the original decision of the referee reducing the amount of compensation payable under an agreement from $51.40 to $45 a week. In addition, the employer petitioned the

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