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MATHIES COAL CO. v. W. C. A. B. ET AL.

No. 1945 C.D. 1977.

41 Pa.Commw. 542 (1979)

Mathies Coal Company, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Alvin Peternel, Respondents.

Commonwealth Court of Pennsylvania.

April 9, 1979.

Attorney(s) appearing for the Case

Daniel L. Fassio, with him Andrew Rose, and Rose, Schmidt, Dixon, Hasley & Whyte, for petitioner.

Benjamin L. Costello, for appellee.

Argued November 2, 1978, before Judges MENCER, DiSALLE and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRAIG, April 9, 1979:

Mathies Coal Company appeals an order of the Workmen's Compensation Appeal Board (Board), which, after concluding that the referee had capriciously disregarded competent evidence in claimant's favor, remanded the case to the referee with instructions to determine the degree of claimant's disability, calculate compensation and award interest, if any.

The referee had previously considered reports by two physicians, Drs...

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