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ARLINGTON A. B. S. et al. v. W. C. A. B. (BOSACK)

No. 1955 C.D. 1983.

89 Pa.Commw. 328 (1985)

Arlington Auto Body Service, General Accident Group and General Accident, Fire and Life Assurance Company, Petitioners v. Workmen's Compensation Appeal Board (Bosack, Jr.), Respondents.

Commonwealth Court of Pennsylvania.

May 17, 1985.

Attorney(s) appearing for the Case

Matthew R. Wimer, with him, Edwin P. Brown, Jr., Murovich, Reale, Fossee & Ferry, P.C., for petitioners.

Thomas P. Geer, for respondent, John Bosack, Jr.

Argued September 13, 1984, before Judges DOYLE and PALLADINO and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE DOYLE, May 17, 1985:

This is an appeal by the Arlington Auto Body Service (Employer) from an order of the Workmen's Compensation Appeal Board (Board) which affirmed a referee's decision granting benefits to John Bosack, Jr. (Claimant).

Claimant was employed as a frame and body repairman in Employer's body shop when, on October 5, 1979, another employee began painting in the same location, rather than in a separate painting booth where such...

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