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PENN DEL SUPPLY CO. ET AL. v. W. C. A. B. ET AL

No. 2362 C.D. 1978.

47 Pa.Commw. 403 (1979)

Penn Del Supply Company and Sentry Insurance Company, Petitioners v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and John Sharp, Respondents.

Commonwealth Court of Pennsylvania.

November 27, 1979.

Attorney(s) appearing for the Case

Charles S. Katz, Jr., with him Swartz, Campbell & Detweiler, for petitioners.

John H. Spangler, with him Wood, Parke, Barnes & Byrne, for respondents.

Argued September 14, 1979, before Judges MENCER, BLATT and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, November 27, 1979:

This is an appeal from an order of the Workmen's Compensation Appeal Board (Board) affirming the award of benefits to John A. Sharp (Claimant). We affirm.

Penn Del Supply Company (Employer) and Sentry Insurance Company (collectively, Petitioners) contend before us that the referee capriciously disregarded competent evidence of the availability of work to the Claimant and failed to make a specific finding with respect...

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