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HARMAR COAL CO. ET AL. v. WORK. C. A. BD. ET AL.

No. 1410 C.D. 1976.

30 Pa.Commw. 64 (1977)

Harmar Coal Company and Old Republic Companies, Petitioners v. Workmen's Compensation Appeal Board and James C. Dunmyre, Respondents.

Commonwealth Court of Pennsylvania.

May 3, 1977.

Attorney(s) appearing for the Case

Paul E. Sutter, with him George H. Thompson, Michael D. McDowell, and Hirsch, Weise & Tillman, for petitioners.

J. Scott Leckie, with him Kenneth J. Yablonski, and James N. Diefenderfer, for respondents.

Argued March 11, 1977, before Judges WILKINSON, JR., MENCER and BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, May 3, 1977:

This is an appeal by the Harmar Coal Company (employer) from a decision of the Workmen's Compensation Appeal Board (Board) which affirmed a referee's reinstatement of compensation for total disability to James C. Dunmyre (claimant).

The claimant had suffered a work-related injury on May 15, 1967 and had been awarded compensation for total disability. On May 15, 1969, however, after the employer's petition for modification...

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