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ELLSWORTH FRT. L., INC. ET AL. v. W. C. A. B. ET AL.

No. 1987 C.D. 1977.

39 Pa.Commw. 1 (1978)

Ellsworth Freight Lines, Inc. and Transport Insurance Company, Petitioners v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Kenneth Ilg, Respondents.

Commonwealth Court of Pennsylvania.

December 4, 1978.

Attorney(s) appearing for the Case

Roy F. Walters, Jr., with him Fried, Kane and Walters, for petitioners.

Ralph L. Montgomery, Jr., with him Dale, Woodard, Montgomery & White, and James N. Diefenderfer, for respondents.

Argued September 28, 1978, before Judges MENCER, BLATT and CRAIG, sitting as a panel of three.

OPINION BY JUDGE BLATT, December 4, 1978:

Ellsworth Freight Lines, Inc., (employer) appeals from an order of the Workmen's Compensation Appeal Board (Board), which affirmed a referee's decision awarding benefits to Kenneth Ilg (claimant). The employer argues (1) that the claimant had deviated from his employment as a matter of law, (2) that the referee's findings evidence a capricious disregard of competent evidence, and (3) that the referee incorrectly believed that...

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