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DUQUESNE LIGHT CO. v. W. C. A. B. (ZALAR)

No. 1803 C.D. 1983.

89 Pa.Commw. 496 (1985)

Duquesne Light Company, Petitioner v. Workmen's Compensation Appeal Board (Zalar), Respondents.

Commonwealth Court of Pennsylvania.

May 24, 1985.

Attorney(s) appearing for the Case

John A. Lee, with him, A. William Stein, for petitioner.

No appearance for respondents.

Submitted on briefs November 15, 1984, to Judges WILLIAMS, JR. and DOYLE and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY SENIOR JUDGE BARBIERI, May 24, 1985:

This is an appeal by the Duquesne Light Company (Duquesne) from an order of the Workmen's Compensation Appeal Board (Board). That order affirmed a referee's decision which awarded compensation for total disability to Albert Zalar (Claimant). We affirm.

This case has an extended and somewhat complex procedural history and presents the following scenario. Claimant was employed by Duquesne in the bituminous

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