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CHMIEL v. W. C. A. B.

No. 1076 C.D. 1981.

65 Pa.Commw. 310 (1982)

George W. Chmiel, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Jandy Coal Company, Respondents.

Commonwealth Court of Pennsylvania.

March 15, 1982.

Attorney(s) appearing for the Case

Richard J. Russell, for petitioner.

Robert G. Rose, Spence, Custer, Wolfe & Rose, for respondents.

Argued February 4, 1982, before President Judge CRUMLISH and Judges ROGERS and DOYLE, sitting as a panel of three.

OPINION BY JUDGE ROGERS, March 15, 1982:

The question in this workmen's compensation case is that of whether the employer, Jandy Coal Company, had a reasonable basis to contest the claim of George W. Chmiel, a former employee, for compensation. At issue is Chmiel's entitlement to attorney's fee. A referee concluded that the defendant's contest was unreasonable and awarded counsel fees but the Workmen's Compensation...

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