HESTER, Judge:
Appellant Turner Construction Company brings this appeal from an Order of the lower court sustaining appellee Hebner's preliminary objections to Turner's Answer and New Matter. The pivotal question is whether, in a trespass action, an employer may waive the defense of the Workmen's Compensation Act by failing to timely plead. We agree with the court below that in the circumstances herein the defense was waived and will therefore affirm.
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