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CONSOLIDATION COAL CO. v. W. C. A. B. ET AL.

No. 2220 C.D. 1976.

47 Pa.Commw. 64 (1979)

Consolidation Coal Company, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and William R. Mountain, Respondents.

Commonwealth Court of Pennsylvania.

October 30, 1979.

Attorney(s) appearing for the Case

Daniel L. Fassio, with him Edward C. Schmidt, Andrew Rose and Rose, Schmidt, Dixon, Hasley & White, for appellant.

Kenneth J. Yablonski, with him J. Scott Leckie and Benjamin L. Costello, for appellees.

Argued October 30, 1978, before Judges CRUMLISH, JR., MENCER and CRAIG, sitting as a panel of three. Reargued June 6, 1979, before President Judge BOWMAN and Judges CRUMLISH, JR., MENCER, BLATT, DiSALLE, CRAIG and MacPHAIL. Judges WILKINSON, JR. and ROGERS did not participate.

OPINION BY JUDGE CRAIG, October 30, 1979:

Consolidation Coal Company has brought this appeal from an award of workmen's compensation benefits by the Workmen's Compensation Appeal Board (board) to claimant William R. Mountain for total disability resulting from coal miner's pneumoconiosis.

The only issue presented to us is whether claimant complied with Section 311 of The Pennsylvania Workmen's Compensation Act of June 2, 1915, P.L. 736, as amended ...

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