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S & H HOT SPOT ET AL. v. W. C. A. B. ET AL.

No. 1807 C.D. 1977.

39 Pa.Commw. 357 (1978)

S & H Hot Spot and Westmoreland Casualty Company, Petitioners v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and James Trainer, Respondents.

Commonwealth Court of Pennsylvania.

December 20, 1978.

Attorney(s) appearing for the Case

Earl T. Britt, with him Mary H. Cosby, and Duane, Morris & Heckscher, for appellants.

John C. Capek, with him Manchel, Lundy & Lessin, and James N. Diefenderfer, for appellees.

Argued September 15, 1978, before Judges MENCER, BLATT and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MENCER, December 20, 1978:

S & H Hot Spot (employer) and its workmen's compensation insurance carrier have appealed from an order of the Workmen's Compensation Appeal Board (Board) affirming a referee's award of benefits to James Trainer (claimant). We affirm.

Claimant was employed as a clerk and handyman in the employer's grocery store and delicatessen. At approximately 8 p.m. on November 13, 1969, claimant discovered that the delicatessen...

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