BAUMGART v. W.C.A.B. (PULLMAN STD.)

No. 648 C.D. 1986.

112 Pa.Commw. 71 (1987)

541 A.2d 804

Norbert J. Baumgart, Petitioner v. Workmen's Compensation Appeal Board (Pullman Standard), Respondents.

Commonwealth Court of Pennsylvania.

December 17, 1987.


Attorney(s) appearing for the Case

Marilyn J. Horan, Murrin, Taylor, Flach & Horan, for petitioner.

Roy F. Walters, with him, Michael E. Relich, Fried, Kane, Walters & Zuschlag, for respondents.

Argued October 8, 1987, before Judges MacPHAIL and PALLADINO, and Senior Judge BARBIERI, sitting as a panel of three.


OPINION BY JUDGE PALLADINO, December 17, 1987:

Norbert J. Baumgart (Petitioner) appeals from an order of the Workmen's Compensation Appeal Board (Board) which affirmed a referee's decision granting Pullman Standard's (Employer) petition for modification. For the reasons set forth below, we reverse.

On August 17, 1978, Petitioner sustained a workrelated injury to his back. Pursuant to a notice of compensation

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