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R. H. JOHNSON CONS. CO. ET AL. v. W. C. A. B. ET AL.

No. 423 C.D. 1977.

35 Pa.Commw. 338 (1978)

R.H. Johnson Construction Company and Bituminous Casualty Insurance Company, Petitioners v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board, Gaetano DePiano and Vigilant Insurance Company, Respondents.

Commonwealth Court of Pennsylvania.

May 10, 1978.

Attorney(s) appearing for the Case

William G. Adamson, with him Rawle & Henderson, and, of counsel, Lowell A. Reed, Jr., for petitioners.

Charles S. Katz, Jr. and Robert J. Shenkin, with them Swartz, Campbell & Detweiler; MacElree, Harvey, Gallagher & Kean, Ltd., and James N. Diefenderfer, for respondents.

Argued February 27, 1978, before Judges CRUMLISH, JR., ROGERS and DiSALLE, sitting as a panel of three.

OPINION BY JUDGE DiSALLE, May 10, 1978:

This case comes before this Court upon a petition for review of an order of the Workmen's Compensation Appeal Board (Board). The order affirms a referee's decision setting aside an executed final receipt of Gaetano DePiano (Claimant).

The Claimant sustained a back injury on September 4, 1973, while working for R.H. Johnson Construction Co. (Employer). Following that incident, Claimant was paid compensation by Bituminous...

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