HEILNER v. W. C. A. B. ET AL.

No. 2113 C.D. 1977.

38 Pa.Commw. 494 (1978)

Warren Heilner, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Aetna Freight Lines, Respondents.

Commonwealth Court of Pennsylvania.

November 16, 1978.


Attorney(s) appearing for the Case

Marc S. Jacobs, with him Galfand, Berger, Senesky, Lurie and March, for appellant.

Max L. Lieberman, with him Howard A. Rosenthal, and Pelino & Lentz, P.C., and James N. Diefenderfer, for appellees.

Argued September 29, 1978, before Judges WILKINSON, JR., DiSALLE and MacPHAIL, sitting as a panel of three.


OPINION BY JUDGE DiSALLE, November 16, 1978:

Warren Heilner (Claimant) appeals to this Court from an order of the Workmen's Compensation Appeal Board (Board) affirming a referee's denial of benefits for an injury suffered while operating a truck owned by Claimant and leased to Aetna Freight Lines, Inc. (Aetna). The referee determined that Claimant was not an employe of Aetna within the meaning of The Pennsylvania Workmen's Compensation Act1

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