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McGINLEY v. W.C.A.B. (ACME MARKETS, INC.)

No. 1564 C.D. 1982.

77 Pa.Commw. 214 (1983)

Phillip McGinley, Petitioner v. Workmen's Compensation Appeal Board (Acme Markets, Inc.), Respondents.

Commonwealth Court of Pennsylvania.

September 16, 1983.

Attorney(s) appearing for the Case

Samuel L. Spear, Meranze, Katz, Spear & Wilderman, for petitioner.

Thomas F. McDevitt, Thomas F. McDevitt, P.C., for respondent, Acme Markets, Inc.

Submitted on briefs June 6, 1983, to Judges ROGERS, CRAIG and MacPHAIL, sitting as a panel of three.

OPINION BY JUDGE MacPHAIL, September 16, 1983:

Phillip McGinley (Claimant) contracted pneumonia as a result of his work as a warehouseman for Acme Markets, Inc. (Employer) and received workmen's compensation pursuant to a Notice of Compensation Payable beginning February 23, 1978. On April 14, 1978, Employer filed a Termination Petition, alleging that Claimant was able to return to work on March 28, 1978. After several hearings, the referee issued his decision and...

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