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DeMARCO v. JONES & LAUGHLIN STEEL CORP.

513 Pa. 526 (1987)

522 A.2d 26

Leonard DeMARCO, Appellant, v. JONES & LAUGHLIN STEEL CORPORATION, Appellee.

Supreme Court of Pennsylvania.

Decided March 10, 1987.

Reargument Denied June 19, 1987.

Attorney(s) appearing for the Case

Edwin H. Beachler, McArdle, Caroselli, Spagnolli & Beachler, Pittsburgh, for appellant.

James R. Schmitt, Will & Keisling, Ganassi & McCloskey, Carnegie, for appellee.

Before NIX, C.J., and LARSEN, FLAHERTY, McDERMOTT, HUTCHINSON, ZAPPALA and PAPADAKOS, JJ.

OPINION ANNOUNCING THE JUDGMENT OF THE COURT

LARSEN, Justice.

The issue before the Court in this case is whether an employer waives the defense of res judicata where that defense had not been raised in the answer to a claimant's workman's compensation claim petition.

On September 3, 1976, Leonard DeMarco, appellant, filed a claim petition for compensation benefits under § 108 of the Pennsylvania...

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