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BORO. OF WILMORE ET AL. v. NEW.

No. 1537 C.D. 1979, 1538 C.D. 1979, 1539 C.D. 1979 and 1575 C.D. 1979.

54 Pa.Commw. 145 (1980)

Borough of Wilmore and Pennsylvania National Mutual Casualty Insurance Company, Petitioners v. Rickey Paul New, Respondent. Borough of Wilmore and Pennsylvania National Mutual Casualty Insurance Company, Petitioners v. Frank and Rita Mae Chalan, Parents of Frank T. Chalan, Jr., Deceased, Respondents. Borough of Wilmore and Pennsylvania National Mutual Casualty Insurance Company, Petitioners v. Marion B. New, Widow of Robert P. New, Respondent. Rickey Paul New, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board, Borough of Wilmore and Pennsylvania National Mutual Casualty Insurance Company, Respondents.

Commonwealth Court of Pennsylvania.

October 2, 1980.

Attorney(s) appearing for the Case

Edward G. Kuyat, Jr., Kuyat & Walker, for Borough of Wilmore, petitioner.

Robert G. Rose, with him Spence, Custer, Saylor, Wolfe & Rose, for Pennsylvania National Mutual Casualty Insurance Company, petitioner.

Patrick A. Gleason, Gleason, DiFrancesco, Shahade & Markovitz, for Rickey Paul New and Marion B. New, widow of Robert P. New, respondents.

Raymond J. Zadzilko, Smorto and Persio, for Frank T. Chalan and Rita Mae Chalan, parents of Frank T. Chalan, Jr., deceased, respondents.

Patrick A. Gleason, Gleason, DiFrancesco, Shahade & Markovitz, for Rickey Paul New, petitioner.

Robert G. Rose, Spence, Custer, Saylor, Wolfe & Rose, for Borough of Wilmore and Pennsylvania National Mutual Casualty Insurance Company, respondents.

Argued March 14, 1980, before Judges MENCER, CRAIG and WILLIAMS, JR., sitting as a panel of three.

OPINION BY JUDGE WILLIAMS, JR., October 2, 1980:

The Borough of Wilmore (borough) and its insurance carrier, Pennsylvania National Mutual Casualty Insurance Company jointly appeal from each of three separate awards of the Workmen's Compensation Appeal Board (Board). Because the awards arose from a common accident, we consolidated the appeals for argument and disposition. The awards in question were to Ricky Paul New for injuries sustained in the accident, to Frank...

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