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SMITH v. W. C. A. B. ET AL.

No. 2149 C.D. 1977.

40 Pa.Commw. 117 (1979)

Emma Jean Smith, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Blue Ridge Winkler Textiles, Respondents.

Commonwealth Court of Pennsylvania.

January 25, 1979.

Attorney(s) appearing for the Case

Philip D. Lauer, for petitioner.

John P. Lenahan, with him Lenahan, Dempsey, Murphy & Piazza, and James N. Diefenderfer, for respondents.

Argued September 29, 1978, before Judges WILKINSON, JR., DiSALLE and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, January 25, 1979:

Emma Jean Smith (Claimant) seeks workmen's compensation benefits as a result of an injury she allegedly sustained on September 26, 1975. She testified that she stepped in a hole on the floor where she was working and injured her back. She had been denied benefits by the referee and the Workmen's Compensation Appeal Board (Board). The sole issue is whether the accident ever happened.1

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