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

Nos. 1364 C.D. 1977, 1043 C.D. 1977, 1804 C.D. 1977, 901 C.D. 1978, 1891 C.D. 1977, 1081 C.D. 1978 and 1858 C.D. 1977.

40 Pa.Commw. 120 (1979)

Mathies Coal Company, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Frank P. Kozlevchar, Respondents. Consolidation Coal Company, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Steve Jingleski, Respondents. Consolidation Coal Company, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and William Bonkovich, Respondents. Consolidation Coal Company, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Dominick Rigone, Respondents. Mathies Coal Company, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Joseph Turki, Respondents. Mathies Coal Company, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Robert W. Seibert, Respondents. Pittsburgh Coal Company, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Joseph Astorino, Respondents.

Commonwealth Court of Pennsylvania.

January 23, 1979.


Attorney(s) appearing for the Case

Edward C. Schmidt and Daniel L. Fassio, with them Andrew Rose and Rose, Schmidt, Dixon, Hasley & Whyte, for appellants.

Laurence W. Dague, Assistant Attorney General, and Benjamin L. Costello, for appellees.

Argued September 15, 1978, before Judges MENCER, BLATT and MacPHAIL, sitting as a panel of three.


OPINION BY JUDGE MacPHAIL, January 23, 1979:

All of the individual appellees (Claimants) herein are retired coal miners who have been awarded workmen's compensation disability benefits pursuant to Section 108(q) of The Pennsylvania Workmen's Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 27.1(q), which provides benefits for those individuals who have become totally...

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