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BUD SMAIL L. MERCURY ET AL. v. W. C. A. B. ET AL.

No. 778 C.D. 1981.

59 Pa.Commw. 638 (1981)

Bud Smail Lincoln Mercury and Universal Underwriters Insurance Company, Petitioners v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Thomas A. Sipes, Respondents. Transamerica Insurance Company, Intervenor.

Commonwealth Court of Pennsylvania.

June 11, 1981.

Attorney(s) appearing for the Case

Francis E. Pipak, Jr., with him Fred C. Trenor and Mark Gordon, Meyer, Darragh, Buckler, Bebenek & Eck, for petitioners.

Joseph F. Grochmal, with him Roy F. Walters, Jr., Fried, Kane, Walters & Zuschlag, for intervenor.

No appearance for respondents.

Argued April 8, 1981, before President Judge CRUMLISH and Judges BLATT and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, June 11, 1981:

This is an appeal by Bud Smail Lincoln Mercury (Smail) and Universal Underwriters Insurance Company (Universal) from an order of the Workmen's Compensation Appeal Board (Board) affirming a referee's decision directing Universal to pay workmen's compensation benefits to Thomas A. Sipes (Sipes).

Sipes was employed as an automobile mechanic for Smail. On July 27, 1973, Sipes was injured when

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