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FMC CORP. v. W.C.A.B. (WADATZ)

No. 2541 C.D. 1986.

116 Pa.Commw. 527 (1988)

542 A.2d 616

FMC Corporation, Petitioner v. Workmen's Compensation Appeal Board (Wadatz), Respondent.

Commonwealth Court of Pennsylvania.

June 3, 1988.

Attorney(s) appearing for the Case

Michael J. Wagner, Evey, Routch, Black, Dorezas, Magee & Andrews, for petitioner.

John W. Pollins, III, for respondent, Albert Wadatz.

Submitted on briefs November 19, 1987, to Judges DOYLE and BARRY, and Senior Judge KALISH, sitting as a panel of three. Submitted on briefs March 22, 1988, to President Judge CRUMLISH, JR., and Judges CRAIG, MacPHAIL, DOYLE, BARRY, COLINS and PALLADINO, sitting as the Court En Banc.

OPINION BY JUDGE MacPHAIL, June 3, 1988:

Petitioner, FMC Corporation, seeks review of an order of the Workmen's Compensation Appeal Board (Board) which reversed and remanded the referee's order and reinstituted compensation benefits for total disability for injuries separate and distinct from the specific loss of claimant's, Albert Wadatz, left foot.

On November 5, 1980, claimant, who was employed by petitioner, sustained a work-related injury in which his...

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