CERTAINTEED CORP. v. W. C. A. B. ET AL.

No. 2292 C.D. 1979.

57 Pa.Commw. 646 (1981)

Certainteed Corporation, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Jack P. Wiley, Respondents.

Commonwealth Court of Pennsylvania.

March 19, 1981.


Attorney(s) appearing for the Case

David L. White, for petitioner.

Joseph Lurie, with him Ala Hamilton Day, Galfand, Berger, Senesky, Lurie and March, for respondents.

Argued December 12, 1980, before Judges WILKINSON, JR., WILLIAMS, JR. and PALLADINO, sitting as a panel of three.


OPINION BY JUDGE WILLIAMS, JR., March 19, 1981:

Certainteed Corporation (appellant) seeks reversal of an Order of the Workmen's Compensation Appeal Board (Board) which suspended the benefits of Jack P. Wiley (claimant) and directed the appellant to pay Wiley's attorney fees. The appellant contends that the referee below committed error by suspending, instead of terminating, Wiley's benefits.

Wiley was employed by the appellant in the capacity of "clean-up...

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