Concurring and Dissenting Opinion by
Judge Crumlish, Jr. :I dissent from the majority where it sustains the preliminary objections of the Department, Board and Fund for those reasons stated in my Concurring and Dissenting Opinion filed in Brungard v. Hartman, 46 Pa. Commonwealth Ct. 10, 405 A.2d 1089 (1979). I concur in all other respects.