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COOPER-JARRETT, INC. v. W. C. A. B. ET AL.

No. 2347 C.D. 1979.

55 Pa.Commw. 204 (1980)

Cooper-Jarrett, Inc., Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and Darrel D. Miller, Respondents.

Commonwealth Court of Pennsylvania.

December 9, 1980.

Attorney(s) appearing for the Case

Samuel H. Elkin, Reed, Smith, Shaw & McClay, for petitioner.

W. Thomas Malcolm, for respondent, Darrell D. Miller.

Argued November 17, 1980, before Judges WILKINSON, JR., CRAIG and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE CRAIG, December 9, 1980:

In this workmen's compensation appeal, the employer1 questions an award of compensation by the board,2 affirming a referee's decision awarding compensation to claimant,3 a truck driver.

While driving a truck for the employer on August 10, 1977, from Sharon, Pa. to Napoleon, Ohio, claimant passed over a rough area in the pavement...

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