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KROGER CO. ET AL. v. W.C.A.B. (NICOLA)

No. 248 C.D. 1986.

101 Pa.Commw. 629 (1986)

516 A.2d 1335

The Kroger Company and the Insurance Company of North America, Petitioners v. Workmen's Compensation Appeal Board (Nicola), (Fireman's Fund Insurance Company), Respondents.

Commonwealth Court of Pennsylvania.

November 3, 1986.

Attorney(s) appearing for the Case

James R. Schmitt, Will, Keisling, Ganassi & McCloskey, for petitioners.

Michael D. Sherman, Fried, Kane, Walters & Zuschlag, for respondent, Fireman's Fund Insurance Company.

Submitted on briefs October 6, 1986, to Judges MacPHAIL, DOYLE and BARRY, sitting as a panel of three.

OPINION BY JUDGE DOYLE, November 3, 1986:

The Insurance Company of North America (INA) petitions for review of an order of the Workmen's Compensation Appeal Board affirming a referee's determination that INA, as the workmen's compensation insurer of the Kroger Company (Employer) in 1978, is responsible for compensating a Kroger employee for a claim filed in 1981, rather than the Fireman's Fund Insurance Company (Fireman's Fund), Employer's insurer during 1981. We...

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