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VIGNOLI ET AL. v. MATHIES COAL CO. ET AL.

No. 264 C.D. 1976.

29 Pa.Commw. 1 (1977)

Philip Vignoli and Workmen's Compensation Appeal Board v. Mathies Coal Company and Commonwealth of Pennsylvania. Mathies Coal Company, Appellant.

Commonwealth Court of Pennsylvania.

February 28, 1977.

Attorney(s) appearing for the Case

Edward C. Schmidt, with him Andrew Rose, and Rose, Schmidt and Dixon, for appellant.

Amiel B. Caramanna, Jr., with him Albert S. Diaz, Mary Ellen Krober, Assistant Attorney General, and James N. Diefenderfer, for appellees.

Argued October 29, 1976, before Judges CRUMLISH, JR., KRAMER and MENCER, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., February 28, 1977:

This appeal comes to us as the result of a decision of the Workmen's Compensation Appeal Board (Board) affirming a referee's denial of benefits to Philip Vignoli (Claimant).

On October 25, 1974, Claimant filed a claim petition alleging that he had become totally disabled due to his "exxposure [sic] to dusts while working in the coal mines" of Mathies Coal Company (Mathies) and as a result of the exposure,...

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