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

No. 753 C.D. 1980.

57 Pa.Commw. 518 (1981)

Bernard W. Smith, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and National Annealing Box Company, Respondents.

Commonwealth Court of Pennsylvania.

March 16, 1981.

Attorney(s) appearing for the Case

Sanford S. Finder, for petitioner.

James W. Young, Jr., Sharlock, Repcheck, Engel & Mahler, for respondents.

Argued February 5, 1981, before Judges MENCER, ROGERS and CRAIG, sitting as a panel of three.

OPINION BY JUDGE CRAIG, March 16, 1981:

Claimant, an employee of National Annealing Box Company, has appealed from an affirmance, by the Workmen's Compensation Appeal Board, of a referee's decision which, pursuant to testimony from one physician on each side, found the injured claimant able to resume work and therefore granted the employer's petition for termination of compensation.

In response to the claimant's attempt to return to work, the employer issued...

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