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PLUMBERS CON., INC. ET AL. v. W. C. A. B. ET AL.

No. 2042 C.D. 1978.

43 Pa.Commw. 338 (1979)

Plumbers Contractors, Inc. and Bituminous Insurance Companies, Petitioners v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Ronald James Lewellyn, Deceased, by Lois Lewellyn, now Lois Kademenos, Widow, Respondents.

Commonwealth Court of Pennsylvania.

June 12, 1979.

Attorney(s) appearing for the Case

George H. Thompson, with him Hirsch, Weise & Tillman, for petitioners.

Roger J. Ecker, with him Peacock, Keller, Yohe, Day & Ecker, for respondent.

Argued May 7, 1979, before Judges WILKINSON, JR., DiSALLE and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., June 12, 1979:

This rather unusual factual situation has been before the referee and the Workmen's Compensation Appeal Board (Board) twice. In both instances the referee awarded benefits. On the first appeal, the Board set aside the referee's award of benefits and remanded the case for further consideration of the referee. The basis for the remand was that the referee had found that the injury resulting in death was received "in the...

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