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BETHLEHEM MINES CORP. v. W. C. A. B. ET AL.

No. 444 C.D. 1979.

48 Pa.Commw. 247 (1980)

Bethlehem Mines Corporation, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and John Dovshek, Respondents.

Commonwealth Court of Pennsylvania.

January 3, 1980.

Attorney(s) appearing for the Case

David N. Rutt, with him Stephen I. Richman, Greenlee, Richman, Derrico & Posa, for petitioner.

Benjamin L. Costello, with him Kenneth J. Yablonski, John Dovshek, William O'Toole, for respondents.

Argued December 3, 1979, before Judges WILKINSON, JR., MENCER and ROGERS, sitting as a panel of three.

OPINION BY JUDGE ROGERS, January 3, 1980:

This is an appeal by Bethlehem Mines Corporation (Bethlehem) from an order of the Workmen's Compensation Appeal Board (Board) affirming a referee's award of workmen's compensation benefits to John Dovshek for total and permanent disability due to pneumoconiosis, a form of so-called Black Lung disease, as provided in Section 108(q) of The Pennsylvania Workmen's Compensation Act, Act of June 2, 1915, P.L. 736, as amended...

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