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SHEIBLEY v. W. C. A. B. (ARA FOOD S. CO.)

Nos. 430 C.D. 1982 and 3316 C.D. 1982.

86 Pa.Commw. 28 (1984)

Eleanor A. Sheibley, Petitioner v. Workmen's Compensation Appeal Board (ARA Food Services Company), Respondents. Herbert Reigner, Petitioner v. Workmen's Compensation Appeal Board (Berk-Tek, Inc.), Respondents.

Commonwealth Court of Pennsylvania.

November 5, 1984.

Attorney(s) appearing for the Case

Mark S. Silver, Snelbaker, McCaleb & Elicker, for petitioner, Eleanor A. Sheibley.

John J. Speicher, Merkel & Spang, for petitioner, Herbert Reigner.

Philip D. Freedman, for respondent, ARA Food Services Company.

Richard A. Bausher, Stevens & Lee, for respondent, Berk-Tek, Inc.

Argued June 5, 1984, before President Judge CRUMLISH, JR., and Judges ROGERS, WILLIAMS, JR., CRAIG, MacPHAIL, DOYLE and PALLADINO.

OPINION BY JUDGE PALLADINO, November 5, 1984:

Section 434 of The Pennsylvania Workmen's Compensation Act (Act)1 provides that a referee may set aside a final receipt "if it be shown that all disability due to the injury in fact had not terminated." These consolidated appeals address the question of what burden of proof a workmen's compensation claimant must meet to satisfy Section...

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