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CITY OF HAZLETON v. WORK. COMP. A. BD. ET AL.

No. 2072 C.D. 1976.

35 Pa.Commw. 477 (1978)

City of Hazleton, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board, Anthony M. DeCusatis and Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

May 24, 1978.

Attorney(s) appearing for the Case

John R. Lenahan, Jr., with him Joseph A. Murphy, and Lenahan, Dempsey & Murphy, for petitioner.

Thomas J. Sharkey, with him Joseph J. Ustynoski, Thomas J. Carlyon, and Falvello, Ustynoski, Giuliani & Bernstein, for respondent.

Sandra S. Christianson, Assistant Attorney General, for Commonwealth.

Argued December 9, 1977, before Judges CRUMLISH, JR., MENCER and BLATT, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., May 24, 1978:

The City of Hazleton (City) has appealed the decision of the Workmen's Compensation Appeal Board (Board) which affirmed a referee's award of benefits to Anthony M. DeCusatis (Claimant) under the provisions of The Pennsylvania Workmen's Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 1 et seq.

Claimant was employed by the City as a fireman for over 21 years and served as its Fire...

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