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DEPT. OF LAB. & IND. v. W.C.A.B. (KENNEDY)

No. 1647 C.D. 1984 and 1801 C.D. 1984.

98 Pa.Commw. 264 (1986)

512 A.2d 62

Commonwealth of Pennsylvania, Department of Labor and Industry, Bureau of Workers' Compensation, Petitioner v. Workmen's Compensation Appeal Board (Bryan Kennedy, Jr., and Vanderbilt Slag Company), Respondents. Vanderbilt Slag Company, Petitioner v. Workmen's Compensation Appeal Board (Kennedy), Respondents.

Commonwealth Court of Pennsylvania.

June 19, 1986.

Attorney(s) appearing for the Case

Thomas D. Gould, Assistant Counsel, with him, Arthur P. Tonozzi, for petitioner/respondent, Department of Labor and Industry.

Leta Pittman, with her, A. J. Plastino, II, for petitioner/respondent, Vanderbilt Slag Company.

Argued February 4, 1986, before Judges ROGERS and BARRY, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY SENIOR JUDGE BARBIERI, June 19, 1986:

Vanderbilt Slag Company, last employer of Bryan Kennedy, Jr., Claimant, and Commonwealth of Pennsylvania, Bureau of Workers' Compensation, come before this Court in separate appeals on an order of the Pennsylvania Workmen's Compensation Appeal Board (Board), which affirmed an award to Claimant by a referee for total disability under Section 108(q) of the occupational...

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