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HEBDEN v. W.C.A.B. (BETHENERGY MINES)

142 Pa.Commw. 176 (1991)

597 A.2d 182

Thomas HEBDEN, Petitioner, v. WORKMEN'S COMPENSATION APPEAL BOARD (BETHENERGY MINES, INC.), Respondent.

Commonwealth Court of Pennsylvania.

Decided August 27, 1991.

As Amended September 3, 1991.

Attorney(s) appearing for the Case

Blair V. Pawloski, for petitioner.

John J. Bagnato, for respondent.

Before CRAIG, President Judge, and DOYLE, COLINS, McGINLEY, PELLEGRINI, KELLEY, and BYER, JJ.

BYER, Judge.

Thomas Hebden appeals from a decision of the Workmen's Compensation Appeal Board. The board had affirmed the decision of a workmen's compensation referee granting Bethenergy Mines, Inc.'s petition to terminate a compensation award.

The issue is whether the principles of claim preclusion or issue preclusion prevent an employer from seeking to terminate a prior award of workmen's compensation benefits for disability resulting from occupational pulmonary...

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