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  5. 35 Pa.Commw. 256 (1978)
 

ANZESE ET AL. v. WORK. COMP. APPEAL BD. ET AL.

Nos. 378 and 455 C.D. 1977.

35 Pa.Commw. 256 (1978)

Carole F. Anzese, Widow of John Anzese, Deceased and Allen A. Pechter, Esquire, Petitioners v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Strick Corporation, Respondents. Strick Corporation and Pennsylvania Manufacturers' Association Insurance Company, Petitioners v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Carole F. Anzese, Widow of John Anzese, Deceased, Respondents.

Commonwealth Court of Pennsylvania.

May 5, 1978.

Attorney(s) appearing for the Case

Allen A. Pechter, for Carole F. Anzese and Allen A. Pechter.

David L. White, for Strick Corporation and Pa. Manufacturers' Association Insurance Company.

Argued February 1, 1978, before President Judge BOWMAN and Judges CRUMLISH, JR., WILKINSON, JR., MENCER, ROGERS, BLATT and DiSALLE.

OPINION BY JUDGE MENCER, May 5, 1978:

Strick Corporation and its insurance carrier appeal from a decision of the Workmen's Compensation Appeal Board (Board) that John Anzese was killed in the course of his employment and that his widow, Carole F. Anzese, was therefore entitled to workmen's compensation benefits, including legal fees incurred in pursuing her claim. We reverse.

The facts in this matter are not in dispute. At approximately 3:20 p.m. on July 5...

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