FUSARELLI v. W.C.A.B. ET AL.

No. 1201 C.D. 1980.

61 Pa.Commw. 539 (1981)

James Fusarelli, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board, Valley Camp Coal Company et al., Respondents.

Commonwealth Court of Pennsylvania.

September 10, 1981.


Attorney(s) appearing for the Case

Lawrence R. Chosben, with him Margaret D. Blough, Yablonski, King, Costello & Leckie, for petitioner.

Paul E. Sutter, with him George H. Thompson, Hirsch, Weise & Tillman, for respondents.

Argued May 6, 1981, before President Judge CRUMLISH and Judges BLATT and WILLIAMS, JR., sitting as a panel of three.


OPINION BY JUDGE BLATT, September 10, 1981:

The petitioner, James Fusarelli, appeals a decision of the Workmen's Compensation Appeal Board (Board) which affirmed a referee's denial of benefits because the petitioner did not give timely notice of his disability to his employer, the Valley Camp Coal Company, as required by Section 311 of The Pennsylvania Workmen's Compensation Act (Act), Act of June 2, 1915,...

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