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ROCHESTER & PGH. C. CO. ET AL. v. W. C. A. BD. ET AL.

No. 1308 C.D. 1976.

29 Pa.Commw. 484 (1977)

Rochester & Pittsburgh Coal Company and Old Republic Insurance Company, Insurance Carrier, Petitioners v. Workmen's Compensation Appeal Board and William H. Gerber, Respondents.

Commonwealth Court of Pennsylvania.

April 1, 1977.

Attorney(s) appearing for the Case

Joseph J. Lee, for petitioners.

Eugene A. Creany, for respondent, Gerber.

Sandra S. Christianson, Assistant Attorney General, for respondent, Department of Labor and Industry.

Argued March 11, 1977, before Judges CRUMLISH, JR., KRAMER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE ROGERS, April 1, 1977:

This is an appeal by an employer, the Rochester & Pittsburgh Coal Company, and the Commonwealth of Pennsylvania from the Workmen's Compensation Appeal Board's order affirming a referee's award to the claimant, William H. Gerber, of payments for total disability due to coal worker's pneumoconiosis.

The claimant worked for the employer as an underground coal miner from 1929 until 1945 when he became a repairman of...

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