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  5. 39 Pa.Commw. 463 (1978)
 

COM. OF PA. ET AL. v. W. C. A. B. ET AL.

No. 451 C.D. 1977.

39 Pa.Commw. 463 (1978)

Commonwealth of Pennsylvania and Carmen Sottile, Petitioners v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Kawecki Berylco Ind., Inc., Respondents.

Commonwealth Court of Pennsylvania.

December 29, 1978.

Attorney(s) appearing for the Case

Sandra S. Christianson, Assistant Attorney General, for petitioners.

Joseph P. Olexy, for respondent.

Argued December 4, 1978, before Judges WILKINSON, JR., DISALLE and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., December 29, 1978:

This is an appeal by the Commonwealth from an order of the Workmen's Compensation Appeal Board (Board) which reversed a referee's assessment of a penalty against the insurance carrier for failure to comply with an order of the referee. We affirm.

At issue is the propriety of assessing a penalty based upon an award of compensation subsequently declared incorrect by the referee. On May 15, 1975 the referee...

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