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M. A. BRUDER & SON, INC. v. W.C.A.B. (HARVEY)

Nos. 441 C.D. 1982 and 563 C.D. 1982.

86 Pa.Commw. 353 (1984)

M. A. Bruder & Son, Inc., et al., Petitioner v. Workmen's Compensation Appeal Board (Thomas Harvey), Respondents Thomas Harvey, Petitioner v. Workmen's Compensation Appeal Board (M. A. Bruder & Son, Inc. & Penna. Mfrs. Assn. Insurance Co.), Respondents.

Commonwealth Court of Pennsylvania.

December 6, 1984.

Attorney(s) appearing for the Case

Marc Myers, with him, Howard M. Ellner, for petitioner/respondent, M.A. Bruder & Son, Inc., et al.

George Martin, for respondent/petitioner, Thomas Harvey.

Argued October 15, 1984, before Judges WILLIAMS, JR. and MacPHAIL, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE WILLIAMS, JR., December 6, 1984:

Thomas Harvey fractured and dislocated his left ring finger on November 23, 1977, while employed by M. A. Bruder and Sons, Inc. Temporary total disability benefits were paid under a notice of compensation payable. On June 20, 1979, the employer unilaterally suspended benefits, petitioned to modify the notice of compensation payable and requested a discretionary supersedeas as of that date. The modification petition...

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