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CUSTOM CONCRETE CORP. v. W. C. A. B. ET AL.

No. 1028 C.D. 1979.

52 Pa.Commw. 331 (1980)

Custom Concrete Corporation, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Stephen F. Miller, Respondents.

Commonwealth Court of Pennsylvania.

June 25, 1980.

Attorney(s) appearing for the Case

William H. Fitzgerald, with him Donald L. Van Gilder, Butz, Hudders & Tallman, for petitioner.

No appearance for respondents.

Argued April 9, 1980, before Judges MENCER, ROGERS and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MENCER, June 25, 1980:

This is an appeal by Custom Concrete Corporation (employer) from an order of the Workmen's Compensation Appeal Board (Board) reversing an order of the referee below which had terminated compensation benefits to Stephen F. Miller (claimant). We reverse and reinstate the referee's termination of benefits.

Claimant suffered a compensable injury in December 1976 and began receiving compensation benefits. In August 1977,...

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