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REPUBLIC STEEL CORP. v. W. C. A. B. ET AL.

No. 1363 C.D. 1977.

39 Pa.Commw. 292 (1978)

Republic Steel Corporation, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board, Ludwick Jesensek and Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

December 15, 1978.

Attorney(s) appearing for the Case

Edward A. McFarland, with him Ralph A. Davies, and Thomson, Rhodes & Grigsby, for petitioner.

Morrison F. Lewis, Jr., with him Vincent J. Quatrini, Jr., for respondent, Jesensek.

Lawrence W. Dague, Assistant Attorney General, for respondent, Commonwealth.

Argued October 30, 1978, before Judges WILKINSON, JR., ROGERS and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE ROGERS, December 15, 1978:

Republic Steel Corporation has appealed from an order of the Workmen's Compensation Appeal Board which affirmed a referee's award of benefits to Ludwick Jesensek for total disability due to coal worker's pneumoconiosis.

Jesensek was employed in the coal mining industry in western Pennsylvania for 33 years. He left his job with Republic on January 28, 1974 and on March 12, 1975 filed a claim petition under Section...

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