KLEIN v. W. C. A. B. (PLAZA H. CEN., INC. ET AL.)

No. 306 C.D. 1984.

91 Pa.Commw. 247 (1985)

Paul Klein, Petitioner v. Workmen's Compensation Appeal Board (Plaza Home Center, Inc., and St. Paul Fire & Marine Insurance Company), Respondents.

Commonwealth Court of Pennsylvania.

August 21, 1985.


Attorney(s) appearing for the Case

John E. O'Connor, for petitioner.

Z. R. Bialkowski, Jr., with him, Chester F. Dudick, Jr., for respondents, Plaza Home Center, Inc., and St. Paul Fire & Marine Insurance Company.

Submitted on briefs June 4, 1985, to Judges CRAIG and COLINS, and Senior Judge BARBIERI, sitting as a panel of three.


OPINION BY JUDGE CRAIG, August 21, 1985:

In this appeal from the Workmen's Compensation Appeal Board by claimant Paul Klein, the central question is whether the referee's denial of benefits, affirmed by the board, was based upon a capricious disregard of evidence by the referee, who concluded that the cause of the claimant's mental disability arose, not from the claimant's employment as chief executive officer...

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