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W. C. A. B., ET AL. v. COMMONWEALTH

No. 211 C.D. 1975.

23 Pa.Commw. 1 (1976)

Workmen's Compensation Appeal Board of the Commonwealth of Pennsylvania, James Roy DeRocco and Wheeling-Pittsburgh Steel Corp. v. Commonwealth of Pennsylvania, Appellant.

Commonwealth Court of Pennsylvania.

January 14, 1976.

Attorney(s) appearing for the Case

Sandra S. Christianson, Assistant Attorney General, with her David A. Ody, Assistant Attorney General, for appellant.

William R. Caroselli, for appellee, DeRocco.

Henry J. Wallace, Jr., with him Reed, Smith, Shaw & McClay, for appellee, Wheeling-Pittsburgh Steel Corporation.

James N. Diefenderfer, for appellee, Workmen's Compensation Appeal Board.

Argued October 31, 1975, before Judges CRUMLISH, JR., KRAMER and MENCER, sitting as a panel of three.

OPINION BY JUDGE KRAMER, January 14, 1976:

The record in this case indicates that the claim petition involved was filed under the Pennsylvania Occupational Disease Act1 and that the petition was never amended. Despite this fact, the referee awarded benefits under the Pennsylvania Workmen's Compensation Act,2 and the Board affirmed.

This case is controlled by our recent decisions holding that the referee...

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