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ARCADIA COAL CO. ET AL. v. W.C.A.B. (KUBALIC)

No. 1048 C.D. 1982.

79 Pa.Commw. 148 (1983)

Arcadia Coal Company and The Ohio Casualty Insurance Company, Petitioners v. Workmen's Compensation Appeal Board (Joseph Kubalic), Respondents.

Commonwealth Court of Pennsylvania.

December 19, 1983.

Attorney(s) appearing for the Case

Paul E. Sutter, Hirsch, Weise & Tillman, for petitioners.

David J. Tulowitzki, Pawlowski, Long, Creany & Tulowitzki, for respondents.

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

OPINION BY JUDGE MacPHAIL, December 19, 1983:

Arcadia Coal Company (Employer) appeals from a decision by the Workmen's Compensation Appeal Board (Board) which affirmed the referee's award of compensation benefits to Joseph Kubalic (Claimant).

Claimant worked as a coal miner for Employer for seven years. Claimant terminated his employment on October 15, 1976, because his shortness of wind made it impossible...

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