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MARSHALL v. W. C. A. B. (GULF & W. IND. P. C.)

Nos. 37 C.D. 1982 and 210 C.D. 1982.

79 Pa.Commw. 128 (1983)

John E. Marshall, Petitioner v. Workmen's Compensation Appeal Board (Gulf & Western Industrial Products Company, etc.), Respondents. McIntosh & Hemphill, Division of Gulf & Western Industrial Products Company et al., Petitioners v. Workmen's Compensation Appeal Board (John E. Marshall), Respondents.

Commonwealth Court of Pennsylvania.

December 16, 1983.

Attorney(s) appearing for the Case

John J. Petrush, for petitioner/respondent.

Leonard P. Kane, Jr., Fried, Kane, Walters & Zuschlag, for respondent/petitioner.

Submitted on briefs October 5, 1983, to Judges WILLIAMS, JR., MacPHAIL and BLATT, sitting as a panel of three.

OPINION BY JUDGE BLATT, December 16, 1983:

John E. Marshall (claimant) appeals here an order of the Workmen's Compensation Appeal Board (Board) which affirmed the referee's order to set off the pension benefits received by the claimant as credits applied against the compensation payable. Appeal No. 37 C.D. 1982. McIntosh and Hemphill (employer) also appeal here the order of the Board which affirmed the referee's order not to dismiss this claim as being untimely filed...

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