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SCHRADER & SEYFRIED v. WORKMEN'S COMPENSATION APPEAL BOARD AND THOMAS CERNY (10/07/77)

decided: October 7, 1977.

SCHRADER & SEYFRIED, INC. AND PENNSYLVANIA MANUFACTURER'S CASUALTY INSURANCE COMPANY, APPELLANTS,
v.
WORKMEN'S COMPENSATION APPEAL BOARD AND THOMAS CERNY, APPELLEES



Appeal No. 519 January Term 1973 from the Order of the Workmen's Compensation Appeal Board at No. 649 C.D. 1976.

COUNSEL

Carl A. Niehoff, Lehighton, for appellants.

Scott & Lazorchick, Robert Lazorchick, Lansford, for appellees.

Eagen, C. J., and O'Brien, Roberts, Pomeroy, Nix and Manderino, JJ.

Author: Per Curiam

[ 476 Pa. Page 22]

OPINION

In this Workmen's Compensation case, we previously vacated an order of the Commonwealth Court dismissing the claimant's petition requesting payments on the basis of total disability. We also remanded the record to the Workmen's Compensation Appeal Board for it to decide if the claimant had established that his disability had increased from partial to total, since the matter had previously been adjudicated. The Board decided the claimant had met this burden and ordered that he receive Workmen's Compensation payments for total disability. The employer and its insurance carrier filed an appeal in the Commonwealth Court and that court "transferred" the appeal here.

The order of the Board is affirmed.

19771007

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