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W. C. A. B. ET AL. v. H. MOTEL ET AL., APLNTS.

No. 1045 C.D. 1974.

17 Pa.Commw. 624 (1975)

Workmen's Compensation Appeal Board and Joseph H. Rooney, Appellees, v. The Host Motel of Wilkes-Barre, Inc. and Aetna Casualty & Surety Company, Insurance Carrier, Appellants.

Commonwealth Court of Pennsylvania.

March 12, 1975.

Attorney(s) appearing for the Case

John H. Appleton, with him Irwin Schneider, and Nogi, O'Malley & Harris, for appellant.

James N. Diefenderfer, for appellee, Board.

Joseph H. Rooney, appellee, for himself.

Argued February 7, 1975, before President Judge BOWMAN and Judges CRUMLISH, JR. and MENCER, sitting as a panel of three.

OPINION BY PRESIDENT JUDGE BOWMAN, March 12, 1975:

The parties are in agreement on the facts of this case. As a result of a compensable back injury that occurred in 1971, claimant-appellee and employer-appellant entered into a compensation agreement pursuant to which claimant-appellee was paid compensation based on total disability. Approximately two years after the accident, employer-appellant filed a petition to modify the compensation agreement averring disability...

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