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JONES & L. STEEL C. v. W. C. A. B. (DeMARCO)

No. 1796 C.D. 1982.

89 Pa.Commw. 41 (1985)

Jones & Laughlin Steel Corporation, Petitioner v. Workmen's Compensation Appeal Board (DeMarco), Respondents.

Commonwealth Court of Pennsylvania.

April 26, 1985.

Attorney(s) appearing for the Case

James R. Schmitt, Will & Keisling, for petitioner.

Edwin H. Beachler, McArdle, Caroselli, Spagnolli & Beachler, for respondents.

Submitted on briefs March 15, 1985, to Judges CRAIG, BARRY and COLINS, sitting as a panel of three.

OPINION BY JUDGE CRAIG, April 26, 1985:

Jones & Laughlin Steel Corporation appeals a decision of the Pennsylvania Workmen's Compensation Appeal Board, which affirmed a referee's award of total disability benefits to Leonard DeMarco. We must determine (1) whether the employer waived its right to assert res judicata as a bar to DeMarco's claim petition and (2) whether res judicata does, in fact, prohibit consideration...

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