CLELAND SIMPSON CO. v. W.C.A.B.


128 Pa.Commw. 62 (1989)

562 A.2d 981

CLELAND SIMPSON COMPANY, Petitioner, v. WORKMEN'S COMPENSATION APPEAL BOARD (DECKER AND MOOSIC BOROUGH), Respondents.

Commonwealth Court of Pennsylvania.

Submitted June 13, 1989.

Decided August 4, 1989.


Attorney(s) appearing for the Case

David E. Heisler, Lenahan & Dempsey, P.C., Scranton, for petitioner.

J. Scott Brady, O'Malley, Harris & Schneider, P.C., Wilkes-Barre, for respondent, Moosic Borough.

James J. Powell, III, Powell & Powell, Wilkes-Barre, for respondent, Robert Decker.

Before CRUMLISH, Jr., President Judge, and CRAIG, DOYLE, BARRY, COLINS, PALLADINO and McGINLEY, JJ.


Submitted on Briefs En Banc June 13, 1989.

PALLADINO, Judge.

Cleland Simpson Company (Employer) petitions for review of an order of the Workmen's Compensation Appeal Board (Board) affirming the decision of the referee to grant benefits to the Executrix of the Estate of Robert Decker (Claimant).1

A recitation of the facts is necessary to understand the claims of the...

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