FRANKLIN SMELT. CO. v. W.C.A.B. (STARKES).

No. 2108 C.D. 1982.

76 Pa.Commw. 467 (1983)

Franklin Smelting Company, Petitioner v. Workmen's Compensation Appeal Board (Starkes), Respondents.

Commonwealth Court of Pennsylvania.

August 19, 1983.


Attorney(s) appearing for the Case

William F. Sweeney, Schubert, Bellwoar, Mallon & Walheim, for petitioner.

Marc S. Jacobs, Galfand, Berger, Senesky, Lurie & March, for respondent.

Submitted on briefs June 6, 1983, to Judges ROGERS, CRAIG and MacPHAIL, sitting as a panel of three.


OPINION BY JUDGE CRAIG, August 19, 1983:

In this workmen's compensation appeal by an employer, Franklin Smelting Company, from decisions of the referee and Workmen's Compensation Appeal Board awarding compensation to claimant Fred Starkes, the employer questions (1) the conclusion that the injury arose in the course of employment, (2) whether there is substantial evidence support for that conclusion, and (3...

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