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MERRYMAN ET AL. v. W.C.A.B. (ADAM)

No. 1149 C.D. 1985.

112 Pa.Commw. 597 (1988)

536 A.2d 463

Robert Thomas Merryman and his Insurance Carrier, Pennsylvania National Mutual Casualty Insurance Company, Petitioners v. Workmen's Compensation Appeal Board (Adam), Respondents.

Commonwealth Court of Pennsylvania.

January 20, 1988.

Attorney(s) appearing for the Case

Robert G. Rose, Spence, Custer, Saylor, Wolfe & Rose, for petitioners.

James H. DeVittorio, for respondents.

Submitted on briefs October 9, 1987, to Judges BARRY and PALLADINO, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY JUDGE PALLADINO, January 20, 1988:

Robert Thomas Merryman (Petitioner) appeals from an order of the Workmen's Compensation Appeal Board which reversed a referee's decision and granted disability benefits against Petitioner to Richard H. Adam (Claimant). For the reasons set forth below, we vacate and remand.

Petitioner is in the coal transportation business. As part of his operation, Petitioner leases trucks from Gerard A. Hansel (Owner) to be used...

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