BARNES AND TUCKER CO. v. W. C. A. B. ET AL.

No. 398 C.D. 1978.

39 Pa.Commw. 123 (1978)

Barnes and Tucker Company, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Enrico Moro, Respondents.

Commonwealth Court of Pennsylvania.

December 8, 1978.


Attorney(s) appearing for the Case

Robert G. Rose, with him Spence, Custer, Saylor, Wolfe & Rose, for petitioner.

Blair V. Pawlowski, with him Gerard Long, for respondent.

Argued November 2, 1978, before Judges WILKINSON, JR., BLATT and MacPHAIL, sitting as a panel of three.


OPINION BY JUDGE WILKINSON, JR., December 8, 1978:

This case comes before us on appeal from a decision of the Workmen's Compensation Appeal Board (Board) affirming the referee's determination that the effective date for modification of respondent's (hereinafter claimant) disability compensation is the date on which the petition to modify the disability is presented rather than the date on which such change is shown by the proofs to have occurred. We reverse.

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