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WESTMORELAND CAS. CO. v. W.C.A.B. ET AL.

No. 94 C.D. 1977.

36 Pa.Commw. 307 (1978)

Westmoreland Casualty Company, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and J.L. Lee, Respondents.

Commonwealth Court of Pennsylvania.

June 26, 1978.

Attorney(s) appearing for the Case

H. Reginald Belden, Jr., with him Stewart, Belden, Sensenich & Herrington, for petitioner.

Donetta W. Ambrose, with her Ambrose & Ambrose, and James N. Diefenderfer, for respondents.

Argued February 2, 1978, before Judges CRUMLISH, JR., WILKINSON, JR. and MENCER, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., June 26, 1978:

Westmoreland Casualty Company (Appellant) appeals a decision of the Workmen's Compensation Appeal Board (Board) affirming an award of benefits to J.L. Lee (Claimant).

The facts as found by the referee are as follows. Claimant was employed by Treesdale Labs (Employer) where he took "hot tops" made of crushed limestone from ovens and placed them, with the help of co-workers, onto pallets in preparation for delivery...

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