CAREY v. W.C.A.B. (GEN. ELEC. CO. ET AL.).

No. 211 C.D. 1982.

72 Pa.Commw. 10 (1983)

Ervin W. Carey, Sr., Petitioner v. Workmen's Compensation Appeal Board (General Electric Company and Electric Mutual Liability Insurance Company), Respondents.

Commonwealth Court of Pennsylvania.

February 10, 1983.


Attorney(s) appearing for the Case

Gary V. Skiba, Colussi, Yochim, Skiba & Vogel, for petitioner.

Howard N. Plate, Plate, Shapira, Hutzelman, Berlin & May, for respondents.

Argued October 4, 1982, before President Judge CRUMLISH, JR. and Judges WILLIAMS, JR. and DOYLE, sitting as a panel of three.


OPINION BY PRESIDENT JUDGE CRUMLISH, JR., February 10, 1983:

The Workmen's Compensation Appeal Board, by order, denied Ervin Carey benefits. He appeals. We affirm.

Carey, a General Electric truck driver, claimed benefits for injuries sustained in a train crossing collision. Benefits were denied, applying Section 301(a) of The Pennsylvania Workmen's Compensation Act,1 which provides in pertinent part:

Every employer shall...

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