BETHENERGY MINES v. W.C.A.B.


531 Pa. 287 (1992)

612 A.2d 434

BETHENERGY MINES, INC., Appellant, v. WORKMEN'S COMPENSATION APPEAL BOARD (SKIRPAN), Appellee. Herman STRUBE v. WORKMEN'S COMPENSATION APPEAL BOARD (CONSOLIDATION COAL COMPANY). Appeal of CONSOLIDATION COAL COMPANY.

Supreme Court of Pennsylvania.

Decided June 17, 1992.

Reargument Denied October 15, 1992.


Attorney(s) appearing for the Case

Stephen I. Richman, Daniel J. Iler, Ceisler, Richman, Smith Law Firm, Washington, for appellants.

John J. Bagnato, Johnstown, for Barnes & Tucker Co., Pennsylvania Mines Corp. and Pennsylvania Nat. Ins. Co., for amicus curiae.

Thomas Bond, Marshall, Denneby, Warner, Coleman & Goggin, Philadelphia, for Pennsylvania Defense Institute.

Brian D. Pedrow, Carol A. Mager, Ballard, Spahr, Andrews & Ingersoll, Philadelphia, for Pennsylvania Chamber of Business and Industry.

Henry Ingram, Poughkeepsie, for Pennsylvania Coal Ass'n.

Jerome H. Gerber, Irwin W. Aronson, Handler, Gerber, Johnston & Aronson, Camp Hill, for AFL-CIO.

Lawrence R. Chaban, Benjamin L. Costello, Yablonski, Costello, Leckie & Chaban, Washington, for Skirpan.

John McIlvaine, Washington, for Henry Strube.

Norman R. Haigh, Secretary Workmen's Compensation Appeal Bd.

Sandra Christianson, Susan Shinkman, Harrisburg, Amicus for Department of Labor & Industry.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, ZAPPALA, PAPADAKOS and CAPPY, JJ.


OPINION OF THE COURT

FLAHERTY, Justice.

This is an appeal, by allowance, from an en banc order of the Commonwealth Court which was entered in two workmen's compensation cases. The cases were consolidated for argument before the Commonwealth Court because they involved a common issue, to wit, the standard of review applicable to workmen's compensation decisions. At issue is whether the Commonwealth Court applied...

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