MacNEILL v. W.C.A.B. (DENNY'S, INC.)

Nos. 1584 C.D. 1987 and 1672 C.D. 1987.

120 Pa.Commw. 320 (1988)

548 A.2d 680

Karen MacNeill, Petitioner v. Workmen's Compensation Appeal Board (Denny's, Inc.), Respondents. Denny's, Inc., Petitioner v. Workmen's Compensation Appeal Board (MacNeill), Respondents.

Commonwealth Court of Pennsylvania.

October 12, 1988.


Attorney(s) appearing for the Case

Joel Persky, with him, Erica L. Light, Henderson & Goldberg, P.C., for petitioner/respondent, Karen MacNeill.

Frank R. Fleming, III, Houston Harbaugh, P.C., for respondent/petitioner, Denny's, Inc.

Submitted on briefs March 7, 1988, to Judges DOYLE and McGINLEY, and Senior Judge KALISH, sitting as a panel of three.


OPINION BY JUDGE McGINLEY, October 12, 1988:

This is a cross-appeal from a decision of the Workmen's Compensation Appeal Board (Board) affirming in part and reversing in part a decision of the Referee. We affirm in part and we reverse in part.

Karen MacNeill (Claimant) was employed as a waitress by Denny's, Inc. (Employer). On May 6, 1984, during the course of her employment she fell and was injured when a chair on which she was about to sit was kicked out...

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