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WAGNER v. UNEMPL. COMP. BD. OF REVIEW

No. 912 C.D. 1978.

47 Pa.Commw. 139 (1979)

Earl E. Wagner, Petitioner v. Commonwealth of Pennsylvania, Unemployment Compensation Board of Review, Respondent.

Commonwealth Court of Pennsylvania.

November 1, 1979.

Attorney(s) appearing for the Case

William D. Hutchinson, for petitioner.

John T. Kupchinsky, Assistant Attorney General, with him Edward G. Biester, Jr., Acting Attorney General, for respondent.

Argued September 13, 1979, before Judges MENCER, DiSALLE and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, November 1, 1979:

This is an appeal from an order of the Unemployment Compensation Board of Review (Board) reversing a referee's award of benefits.

Earl E. Wagner's (Claimant's) position with Mrs. Miller's Pies, Inc. (Employer), as a packer required heavy lifting. After fourteen months of employment Claimant was placed on leave from October 21, 1977, to December 25, 1977,...

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