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FELLS v. W.C.A.B. (CATERPILLAR T. CO.)

No. 1371 C.D. 1988.

122 Pa.Commw. 399 (1988)

552 A.2d 334

Truman I. Fells, Jr., Petitioner v. Workmen's Compensation Appeal Board (Caterpillar Tractor Co.), Respondents.

Commonwealth Court of Pennsylvania.

December 29, 1988.

Attorney(s) appearing for the Case

Allen H. Smith, for petitioner.

W. Jeffrey Sidebottom, Barley, Snyder, Cooper & Barber, for respondent.

Submitted on briefs November 9, 1988, to Judges DOYLE and McGINLEY, and Senior Judge KALISH, sitting as a panel of three.

OPINION BY JUDGE DOYLE, December 29, 1988:

Before us is an appeal by Truman I. Fells, Jr. (Claimant), from an order of the Workmen's Compensation Appeal Board (Board) affirming a referee's decision and denying Claimant's petition for reinstatement of benefits. For the reasons which follow, we reverse the decision of the Board.

Claimant was employed by Caterpillar Tractor Company (Employer) as a tow tractor operator. On February 17, 1981, Claimant sustained...

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