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UN. IND. MAINTENANCE ET AL. v. W. C. A. B. ET AL.

No. 1234 C.D. 1978.

46 Pa.Commw. 156 (1979)

United Industrial Maintenance and Westmoreland Casualty Company, Petitioners v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and David W. Kimmick, Respondents.

Commonwealth Court of Pennsylvania.

September 21, 1979.

Attorney(s) appearing for the Case

H. Reginald Belden, with him Stewart, Belden, Sensenich & Herrington, for petitioners.

C.S. Fossee, with him Murovich, Reale and Fossee, for respondents.

Argued May 7, 1979, before Judges CRUMLISH, JR., MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., September 21, 1979:

Westmoreland Casualty Company (Westmoreland), insurance carrier for United Industrial Maintenance (United Industrial), appeals an order of the Workmen's Compensation Appeal Board (Board) that it is chargeable for payment of compensation to David W. Kimmick.

Kimmick was employed by United Industrial on October 27, 1972, when he sustained a left femural fracture, falling approximately 87 feet in a workrelated...

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