COMMONWEALTH OF PA. v. MERRILL

No. 1034 C.D. 1977.

38 Pa.Commw. 58 (1978)

Commonwealth of Pennsylvania, Appellant v. Ernest Merrill, Appellee.

Commonwealth Court of Pennsylvania.

October 3, 1978.


Attorney(s) appearing for the Case

Sandra S. Christianson, Assistant Attorney General, with her David A. Ody, Assistant Attorney General, for appellant.

C. Jerome Moschetta, for appellee.

Argued May 5, 1978, before Judges CRUMLISH, JR., WILKINSON, JR. and BLATT, sitting as a panel of three.


OPINION BY JUDGE BLATT, October 3, 1978:

The Commonwealth of Pennsylvania appeals from an order of the Court of Common Pleas of Fayette County upholding an award of total disability benefits under The Pennsylvania Occupational Disease Act1 (Act) to Ernest Merrill (claimant) by the Workmen's Compensation Appeal Board (Board).

The claimant had worked in the mines for approximately sixteen years until 1955 when both his legs were...

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