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SOUTHEASTERN PA. TRANSP. AUTH. v. WCAB

543 Pa. 74 (1995)

669 A.2d 911

SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY, Appellant, v. WORKMEN'S COMPENSATION APPEAL BOARD (HENDERSON), Appellee.

Supreme Court of Pennsylvania.

Decided December 29, 1995.

Attorney(s) appearing for the Case

Paul M. Della Franco, Springfield, Eric Lechtzin, Philadelphia, for S.E.P.T.A.

Picard Losier, Philadelphia, for A. Henderson.

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

OPINION OF THE COURT

FLAHERTY, Justice.

This case raises issues concerning the proof and effect of voluntary retirement as they affect partial disability payments in the context of workers' compensation. A referee suspended the partial disability payments of claimant Albert Henderson based on a finding that the claimant had retired as of that date. The Workmen's Compensation Appeal Board reversed and its order was affirmed by the Commonwealth Court...

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