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BETHLEHEM MINES CORP. v. W. C. A. B. ET AL.

No. 1921 C.D. 1976.

35 Pa.Commw. 537 (1978)

Bethlehem Mines Corporation, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Floyd J. Zeli, Respondents.

Commonwealth Court of Pennsylvania.

May 25, 1978.

Attorney(s) appearing for the Case

Arthur M. Wilson, with him Greenlee, Richman, Derrico & Posa, for petitioner.

Benjamin L. Costello, with him Kenneth J. Yablonski and James N. Diefenderfer, for respondents.

Argued May 1, 1978, before Judges CRUMLISH, JR., WILKINSON, JR. and BLATT, sitting as a panel of three.

OPINION BY JUDGE WILKINSON, JR., May 25, 1978:

This is an appeal from a decision of the Workmen's Compensation Appeal Board (Board) remanding the case to the referee "to make a determination. . . as to when claimant knew or by the exercise of reasonable diligence should have known of his compensable disability from coal-worker's pneumoconiosis." We will quash the appeal.

On August 18, 1975, claimant applied for benefits under the provisions of The Pennsylvania...

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