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ZOLTAK v. KEYSTONE-HARMONY DAIRY

No. 2501 C.D. 1978.

47 Pa.Commw. 378 (1979)

Edward G. Zoltak, Petitioner v. Keystone-Harmony Dairy, Respondent.

Commonwealth Court of Pennsylvania.

November 20, 1979.

Attorney(s) appearing for the Case

Donald J. McCormick, with him Joseph B. Bagley, for petitioner.

Joseph F. Grochial, with him Roy F. Walters, Jr., and Fried, Kane, Walters & Zuschlag, for respondents.

Argued September 14, 1979, before Judges CRUMLISH, JR., WILKINSON, JR. and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRUMLISH, JR., November 20, 1979:

The Workmen's Compensation Appeal Board reversed a referee's award of benefits to Edward G. Zoltak. We affirm.

Zoltak applied for workmen's compensation benefits for an injury which allegedly resulted when he slipped January 11, 1977, on an ice ledge while delivering milk for his employer, Keystone-Harmony Dairy. The referee awarded benefits, finding:

5. The claimant was totally disabled from performing...

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