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FITTERLING ET AL. v. W. C. A. B. ET AL.

No. 1429 C.D. 1974.

21 Pa.Commw. 67 (1975)

Lillian J. Fitterling, Widow of Mark S. Fitterling, Deceased, v. Workmen's Compensation Appeal Board and Birdsboro Corporation and Transportation Insurance Company of CNA Insurance and Commonwealth of Pennsylvania Occupational Disease Fund. Commonwealth of Pennsylvania, Appellant.

Commonwealth Court of Pennsylvania.

August 11, 1975.

Attorney(s) appearing for the Case

David A. Ody, Assistant Attorney General, with him Samuel Vary, Assistant Attorney General, for appellant.

Marc S. Jacobs, with him Roland J. Artigues, and Galfand, Berger, Senesky, Lurie and March, for appellee.

Argued June 6, 1975, before Judges WILKINSON, JR., MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE MENCER, August 11, 1975:

This is an appeal by the Commonwealth of Pennsylvania (Commonwealth) from an order of the Court of Common Pleas of Berks County which sustained the appeal of Mark S. Fitterling (claimant) from a decision of the Workmen's Compensation Appeal Board (Board) and reinstated a referee's award of benefits under The Pennsylvania Occupational Disease Act (Act).1

On April 17, 1972, claimant filed...

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