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ALUMINUM CO. OF AMERICA v. W. C. A. BD. ET AL.

No. 1712 C.D. 1976.

33 Pa.Commw. 33 (1977)

Aluminum Company of America, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Evelyn J. Lindsay, Widow of James W. Lindsay, Respondents.

Commonwealth Court of Pennsylvania.

December 15, 1977.

Attorney(s) appearing for the Case

Dale C. Perdue, with him Ronald H. Katila, for petitioner.

Alexander J. Pentecost, with him James N. Diefenderfer, for respondents.

Argued September 13, 1977, before Judges CRUMLISH, JR., WILKINSON, JR. and ROGERS, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., December 15, 1977:

The Aluminum Company of America (Alcoa) has appealed from the affirmance by the Workmen's Compensation Appeal Board (Board) of a referee's award of benefits to the widow of one of its employees, James W. Lindsay (Decedent). At issue are the referee's conclusion (improperly denominated a finding of fact) that at the time of his death Decedent was in the course of his employment as defined by Section 301(c) of The Pennsylvania...

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