N. AMERICAN COAL CORP. ET AL. v. W. C. A. B. ET AL.

No. 1740 C.D. 1977.

39 Pa.Commw. 482 (1979)

North American Coal Corporation and Old Republic Companies, Petitioners v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board, Gus H. Rager and Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

January 2, 1979.


Attorney(s) appearing for the Case

George H. Thompson, with him Paul E. Sutter, and Hirsch, Weise & Tillman, for petitioners.

Blair V. Pawlowski, for respondent, Rager.

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

Argued September 15, 1978, before Judges CRUMLISH, JR., WILKINSON, JR. and CRAIG, sitting as a panel of three.


OPINION BY JUDGE CRUMLISH, JR., January 2, 1979:

The North American Coal Corporation (Employer), its insurance carrier, and the Commonwealth of Pennsylvania appeal a decision of the Workmen's Compensation Appeal Board (Board) which affirmed a referee's compensation award to Gus H. Rager (Claimant).

The narrow issue is whether Claimant has proved by substantial evidence that his total disability resulted...

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