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KING KUP-SCHOENER C., INC. v. WORK. C.A. BD.

Appeal, No. 302 C.D. 1973.

10 Pa.Commw. 351 (1973)

King Kup-Schoener Candies, Inc. and Pennsylvania Manufacturers' Association Insurance Company, Insurance Carrier, Appellants, v. Workmen's Compensation Appeal Board and Florence Ernst, Appellees.

Commonwealth Court of Pennsylvania.

October 29, 1973.

Attorney(s) appearing for the Case

Richard A. Bausher, with him Stevens & Lee, for appellant.

Clifford B. LePage, Jr., with him Austin, Speicher, Boland, Connor & Giorgi, for appellee.

Argued September 14, 1973, before Judges KRAMER, WILKINSON, JR. and ROGERS, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, October 29, 1973:

Two issues are presented for decision in this appeal from the order of the Workmen's Compensation Appeal Board. The first relates only to the facts of the instant case — does the record support the findings? The second is of wider import — can a successor-referee who has not heard the testimony or seen the witnesses make findings based on the record prepared by his predecessor-referee?

Claimant-appellee...

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