A & P TEA CO. v. W.C.A.B. (GIGLIO)

No. 562 C.D. 1987.

114 Pa.Commw. 507 (1988)

539 A.2d 51

A & P Tea Company, Petitioner v. Workmen's Compensation Appeal Board (Giglio), Respondent.

Commonwealth Court of Pennsylvania.

March 21, 1988.


Attorney(s) appearing for the Case

Ronald F. Bove, Swartz, Campbell & Detweiler, for petitioner.

Frank J. Rubinate, for respondent, Patricia Giglio.

Submitted on briefs February 25, 1988, to Judges DOYLE and PALLADINO, and Senior Judge KALISH, sitting as a panel of three.


OPINION BY JUDGE DOYLE, March 21, 1988:

This is an appeal by the A & P Tea Company (Employer) from an order of the Workmen's Compensation Appeal Board (Board) which affirmed a referee's decision dismissing Employer's petition for suspension or modification of benefits. An understanding of the procedural history of this case is critical.

On June 28, 1978 Patricia Giglio (Claimant) sustained a compensable injury. Benefits were paid by Employer. Then on June...

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