decided: November 13, 1970.
PHILADELPHIA STATE HOSPITAL (ET AL., APPELLANT)
Appeal from order of Court of Common Pleas, Trial Division, of Philadelphia, Oct. T., 1968, No. 910, in case of Ruth M. Campbell v. Philadelphia State Hospital and State Workmen's Insurance Fund.
Harry Schwartz, Special Assistant Attorney General, with him Thomas E. Roberts, Assistant Attorney General, Raymond Kleiman, Deputy Attorney General, and Fred Speaker, Attorney General, for appellant.
Maurice Freedman, with him Robert H. Arronson, and Herbert H. Hadra, for appellee.
Wright, P. J., Watkins, Montgomery, Jacobs, Hoffman, Spaulding, and Cercone, JJ. Spaulding, J., dissents. Dissenting Opinion by Montgomery, J.
Author: Per Curiam
[ 217 Pa. Super. Page 413]
Dissenting Opinion by Montgomery, J.:
It is my opinion that the record in this case sufficiently supports the finding by the Workmen's Compensation Board that the defendant and its insurance carrier have met the burden of establishing that claimant's disability has been reduced to 25 per cent.
For that reason I would reverse the judgment entered by the lower court in claimant's favor for total disability and reinstate the order of the Board which found it to be 25 per cent.
Therefore, I respectfully dissent.
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