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STORTZ v. NO. 1 CONTRACTING CORP. ET AL.

No. 1040 C.D. 1977.

36 Pa.Commw. 465 (1978)

Joseph R. Stortz, Claimant v. No. 1 Contracting Corporation and Commonwealth of Pennsylvania and Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board. Commonwealth of Pennsylvania, Petitioner.

Commonwealth Court of Pennsylvania.

July 10, 1978.

Attorney(s) appearing for the Case

Lawrence W. Dague, with him David A. Ody, Assistant Attorney General, for petitioner.

Anthony P. Sidari, for respondent, Joseph R. Stortz.

Joseph P. Lenahan, with him Lenahan, Dempsey & Murphy, for respondent, No. 1 Contracting Corporation.

Argued June 9, 1978, before Judges WILKINSON, JR., MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., July 10, 1978:

The Department of Labor and Industry, Commonwealth of Pennsylvania (Department) appeals a final order by the Workmen's Compensation Appeal Board (Board) which redetermined the apportionment of payments and the date of disability in a referee's award of compensation for occupational disease under The Pennsylvania Workmen's Compensation Act (Act).

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