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  5. 97 Pa.Commw. 623 (1986)
 

SWINK v. W.C.A.B. (BURRELL C. & S. CO. ET AL.)

No. 1180 C.D. 1985.

97 Pa.Commw. 623 (1986)

510 A.2d 860

Albert R. Swink, Sr., Petitioner v. Workmen's Compensation Appeal Board (Burrell Construction & Supply Co. and Bituminous Insurance Companies), Respondents.

Commonwealth Court of Pennsylvania.

June 4, 1986.

Attorney(s) appearing for the Case

Donald J. McCue, McCue & Watson, for petitioner.

Robert C. Little, Burns, Manley & Little, P.C., for respondents.

Argued March 13, 1986, before Judges CRAIG and MACPHAIL, and Senior Judge BLATT, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, June 4, 1986:

Albert R. Swink, Sr. (Claimant) appeals an order of the Workmen's Compensation Appeal Board (Board) affirming a referee's decision which granted the modification petition of Burrell Construction & Supply Company (Employer), thereby permitting Employer to be subrogated to the right of Claimant against a third-party tortfeasor, and which denied Claimant's claim petition. We affirm.

The referee made the following findings...

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