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DEPT. OF LABOR AND IND. v. W. C. A. B. ET AL.

No. 2425 C.D. 1977.

41 Pa.Commw. 456 (1979)

Commonwealth of Pennsylvania, Department of Labor and Industry, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board, Roadway Express, Inc. and Donald P. Harvey, Respondents.

Commonwealth Court of Pennsylvania.

March 30, 1979.

Attorney(s) appearing for the Case

Sandra S. Christianson, Assistant Attorney General, for petitioner.

Michael I. Levin, with him Cleckner & Fearen, for respondents.

Argued February 5, 1979, before Judges ROGERS, DiSALLE and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE DiSALLE, March 30, 1979:

The Department of Labor and Industry (Department) appeals the order of the Workmen's Compensation Appeal Board (Board) which affirmed a referee's determination that Roadway Express, Inc. (Roadway), did not violate The Pennsylvania Workmen's Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 1 et seq., when it unilaterally withheld workmen's compensation benefits due Donald Harvey (Claimant...

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