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COMMONWEALTH v. MALONE ET AL.

No. 1631 C.D. 1973.

16 Pa.Commw. 120 (1974)

Commonwealth of Pennsylvania, Bureau of Occupational Injury and Disease Compensation, Appellant, v. Bernard T. Malone and City of Philadelphia, Appellees.

Commonwealth Court of Pennsylvania.

November 15, 1974.

Attorney(s) appearing for the Case

Joseph F. Strain, with him Samuel C. Vary, Assistant Attorney General, and Joyce Ullman, Counsel, for appellant.

Thomas F. McDevitt, for appellee, Bernard T. Malone.

James M. Penny, Jr., Assistant City Solicitor, for appellee, City of Philadelphia.

Argued October 10, 1974, before Judges MENCER, ROGERS and BLATT, sitting as a panel of three.

OPINION BY JUDGE MENCER, November 15, 1974:

This is an appeal by the Commonwealth of Pennsylvania, Bureau of Occupational Injury and Disease Compensation (Bureau) from an order of the Court of Common Pleas of Philadelphia County affirming an order of the Workmen's Compensation Appeal Board (Board) awarding compensation to Bernard T. Malone (Malone).

Malone had been employed as a fireman by the City of Philadelphia for twenty-seven years when, on June 28, 1970...

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