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REPUBLIC STEEL CORP. v. W.C.A.B. (PETRISEK)

537 Pa. 32 (1994)

640 A.2d 1266

REPUBLIC STEEL CORPORATION, Appellant, v. WORKMEN'S COMPENSATION APPEAL BOARD (PETRISEK), Appellee.

Supreme Court of Pennsylvania.

Decided April 22, 1994.

Reargument Denied May 27, 1994.

Attorney(s) appearing for the Case

James M. Poerio, Christopher Pierson, Davies, McFarland & Carroll, P.C., Pittsburgh, for appellant.

John J. Bagnato, Spence, Custer, Saylor, Wolfe & Rose, Johnstown, PA, for amicus curiae, Barnes & Tucker and Pennsylvania Mines.

Jean Zeigler & Debra L. Henry, United Mine Workers Ass'n Dist. 5, Belle Vernon, PA, for appellee.

Before NIX, C.J., FLAHERTY, ZAPPALA, PAPADAKOS, CAPPY, CASTILLE, JJ., and MONTEMURO, Senior Justice.

OPINION OF THE COURT

CAPPY, Justice.

The question presented in this case is whether a claimant who has voluntarily retired from the work place is entitled to receive benefits for an occupational disease claim under the Pennsylvania Workmen's Compensation Act, 77 P.S. §§ 1—1031. For the reasons that follow we find that a claimant who has voluntarily retired is not entitled to benefits under the Workmen's Compensation Act (hereinafter...

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