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GATEWAY COAL CO. v. WORK. COMP. A. BD. ET AL.

No. 813 C.D. 1977.

36 Pa.Commw. 608 (1978)

Gateway Coal Company, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board, Alfred Ricciuti and Commonwealth of Pennsylvania, Respondents.

Commonwealth Court of Pennsylvania.

July 11, 1978.

Attorney(s) appearing for the Case

Raymond F. Keisling, with him Will & Keisling, for petitioner.

Sandra S. Christianson, Assistant Attorney General, with her Van P. Braswell, Assistant Attorney General, for respondent, Commonwealth.

Argued May 5, 1978, before Judges MENCER, ROGERS and DiSALLE, sitting as a panel of three.

OPINION BY JUDGE MENCER, July 11, 1978:

Gateway Coal Company (Gateway) appeals from a decision of the Workmen's Compensation Appeal Board (Board) requiring it to pay 50 percent of the compensation due to Alfred Ricciuti (claimant) under The Pennsylvania Workmen's Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 1 et seq., the remaining 50 percent to be paid by the Commonwealth of Pennsylvania. Gateway contends that the evidence...

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