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FIRESTONE T. & R. CO. ET AL. v. W. C. A. B. ET AL.

No. 1306 C.D. 1977.

40 Pa.Commw. 142 (1979)

Firestone Tire & Rubber Co. and Liberty Mutual Insurance Co., Petitioners v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Michael Smallen, Respondents.

Commonwealth Court of Pennsylvania.

January 25, 1979.

Attorney(s) appearing for the Case

John A. Fitzpatrick, with him Joseph R. Thompson, for petitioners.

Marc S. Jacobs, with him Galfand, Berger, Senesky, Lurie & March, and James N. Diefenderfer, for respondent.

Argued September 11, 1978, before Judges BLATT, DISALLE and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE BLATT, January 25, 1979:

The Firestone Tire & Rubber Company (employer) and its insurer Liberty Mutual Insurance Company appeal here from an order of the Workmen's Compensation Appeal Board (Board) granting total disability benefits to Michael Smallen (claimant).

The claimant was employed for approximately thirteen years as a maintenance mechanic by the employer. In 1966 he sustained a fracture to his right elbow at work but no claim for...

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