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TESCO T. C., INC. v. W.C.A.B. (ZMARZLEY)

No. 1664 C.D. 1986.

107 Pa.Commw. 469 (1987)

528 A.2d 1036

Tesco Tank Center, Inc., Petitioner v. Workmen's Compensation Appeal Board (Zmarzley, Jr.)

Commonwealth Court of Pennsylvania.

July 20, 1987.

Attorney(s) appearing for the Case

Michael P. Shay, Shay & Santee, for petitioner.

Wilbur C. Creveling, Jr., Creveling & Creveling, for respondent.

Argued April 23, 1987, before Judges DOYLE and BARRY, and Senior Judge BARBIERI, sitting as a panel of three.

OPINION BY JUDGE DOYLE, July 20, 1987:

This is an appeal by Tesco Tank Center, Inc. (Employer) from an order of the Workmen's Compensation Appeal Board (Board) which affirmed a determination of a referee granting benefits for the specific loss of an eye to Victor Zmarzley, Jr., (Claimant).

The factual findings are undisputed. Claimant was employed by Employer on September 24, 1981 when a work-related injury occurred. Specifically, a foreign object penetrated...

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