J. I. HASS CO., INC. ET AL. v. W. C. A. B. ET AL.

No. 1602 C.D. 1980.

63 Pa.Commw. 82 (1981)

J.I. Hass Company, Inc. and Twin City Fire Insurance Company, Petitioners v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and John James Mulvihill, Respondents.

Commonwealth Court of Pennsylvania.

December 7, 1981.


Attorney(s) appearing for the Case

Joseph Grochmal, with him Leonard P. Kane, Jr., Fried, Kane, Walters & Zuschlag, for petitioners.

C. William Berger, Berger, Kapetan, Malakoff & Meyers, P.C., for respondent, John James Mulvihill.

Argued June 4, 1981, before Judges ROGERS, BLATT and PALLADINO, sitting as a panel of three.


OPINION BY JUDGE PALLADINO, December 7, 1981:

J.I. Hass Company, Inc. (Hass) and its insurer, the Twin City Fire Insurance Company, appeal here from an opinion and order of the Workmen's Compensation Appeal Board (Board) which affirmed a referee's award of total disability benefits to John J. Mulvihill (Claimant). We affirm.

On November 2, 1973, while working as an assistant painter for Hass, Claimant was accidently overcome by fumes from an epoxy sealer,...

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