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BABICH v. PAVICH

270 Pa.Super. 140 (1979)

411 A.2d 218

Jennie BABICH, Administratrix of the Estate of John J. Babick, a/k/a John J. Babich, Deceased, and Jennie Babich, Administratrix of the Estate of John J. Babick, a/k/a John J. Babich, Deceased, as Trustee Ad Litem for the next of kin of John J. Babick, a/k/a John J. Babich, Deceased, Appellants, v. Rudolph W. PAVICH, M.D., Laura Schrock, M.D., and Conemaugh General Memorial Hospital.

Superior Court of Pennsylvania.

Filed September 26, 1979.

Petition for Allowance of Appeal Denied January 29, 1980.

Attorney(s) appearing for the Case

Neil R. Rosen, Pittsburgh, for appellants.

Robert G. Rose, Johnstown, for appellee Pavich, M.D.

James Francis O'Malley, Johnstown, did not file a brief on behalf of appellee Schrock, M.D.

Robert J. Pfaff, Altoona, did not file a brief on behalf of appellee Conemaugh General Memorial Hospital.

Before CERCONE, President Judge, and WIEAND and HOFFMAN, JJ.

HOFFMAN, Judge:

Appellant contends that the lower court erred in concluding that appellee Rudolph W. Pavich, M.D., was "in the same employ" as appellant's decedent and thus insulated from civil liability under section 205 of the Pennsylvania Workmen's Compensation Act.1 We disagree and, accordingly, affirm the order of the lower court.

On January 31, 1972, appellant's decedent was injured in the course of his employment with Bethlehem...

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