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MINE SAFETY APPL. CO. v. U. COMP. BD. OF REV.

No. 2579 C.D. 1979.

55 Pa.Commw. 517 (1980)

Mine Safety Appliances Company, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent.

Commonwealth Court of Pennsylvania.

December 19, 1980.

Attorney(s) appearing for the Case

Rick R. Melson, II, with him Scott F. Zimmerman, James S. Cheslock, Reed, Smith, Shaw & McClay, for petitioner.

Steven Marcuse, Assistant Attorney General, with him Richard Wagner, Chief Counsel, and Edward G. Beister, Jr., for respondent.

Argued November 21, 1980, before Judges WILKINSON, JR., BLATT and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., December 19, 1980:

Petitioner (employer) appeals from an order of the Unemployment Compensation Board of Review (Board) affirming a referee's award of benefits to employer's former employee, Donald B. Luxa (claimant).

Claimant worked for employer as an electronic engineer technician until June 29, 1979. On that day, between 1:00 p.m. and 1:15 p.m., claimant was observed at his desk with his eyes closed and, as a result, was...

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