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OSCAR MAYER FOODS v. W.C.A.B. (McALLISTER)

167 Pa.Commw. 370 (1994)

648 A.2d 116

OSCAR MAYER FOODS CORPORATION, Petitioner, v. WORKMEN'S COMPENSATION APPEAL BOARD (McALLISTER), Respondent.

Commonwealth Court of Pennsylvania.

Decided September 13, 1994.

Petition for Allowance of Appeal Denied March 3, 1995.

Attorney(s) appearing for the Case

Mark W. Voigt, for petitioner.

Lawrence Doherty, for respondent.

Before SMITH and KELLEY, JJ., and KELTON, Senior Judge.

KELTON, Senior Judge.

Employer Oscar Mayer Foods Corporation petitions for review of the February 17, 1994 order of the Workers' Compensation Appeal Board (Board) which affirmed Referee Martin Burman's decision to deny Employer's petition to terminate or modify Claimant Elmer McAllister's total disability benefits. Because we determine that the Board erred in refusing to modify the benefits, we reverse. However, because the amount of modification has not been determined...

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