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JARVIS v. W. C. A. B. ET AL.

No. 1434 C.D. 1977.

40 Pa.Commw. 44 (1979)

Laura E. Jarvis, Widow of Enos J. Jarvis, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board, Elsie M. Jarvis t/a John J. Jarvis (Phoenix Assurance Company of New York) and Phoenix Assurance Company of New York, Respondents.

Commonwealth Court of Pennsylvania.

January 22, 1979.

Attorney(s) appearing for the Case

Joseph D. Shein, with him Shein & Brookman. P.A., for appellant.

Roger B. Wood, with him David L. Pennington, and Harvey, Pennington, Herting & Renneisen, Ltd., for appellees.

Argued September 25, 1978, before Judges CRUMLISH, JR., WILKINSON, JR. and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, January 22, 1979:

This appeal by Laura E. Jarvis (Claimant), widow of Enos J. Jarvis, presents the narrow issue of whether the Workmen's Compensation Appeal Board (Board) erred when it reversed the referee who had held Phoenix Assurance Company of New York (Phoenix) liable for payment of benefits to the Claimant notwithstanding the fact that the employer's insurance policy with Phoenix...

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