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

No. 1899 C.D. 1977.

43 Pa.Commw. 98 (1979)

John R. Nye, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and K & H Construction Co., Inc., Respondents.

Commonwealth Court of Pennsylvania.

May 29, 1979.

Attorney(s) appearing for the Case

Charles A. Bressi, Jr., for petitioner.

Sandra S. Christianson, Assistant Attorney General, for respondent, Commonwealth.

John C. Mascelli, with him Joseph A. Murphy, Anthony J. Piazza, and Lenahan, Dempsey, Murphy & Piazza, for respondent, K and H Construction Co.

Submitted on briefs, February 5, 1979, to Judges CRUMLISH, JR., WILKINSON, JR. and MENCER, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., May 29, 1979:

The Workmen's Compensation Appeal Board (Board) affirmed a referee's dismissal of a claim for compensation under Section 108(q) of The Pennsylvania Workmen's Compensation Act1 and Section 301(i) of the Pennsylvania Occupational Disease Act.2 John R. Nye appeals. We affirm in part.3

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