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MASON v. W.C.A.B. (WHEELING-PITTS. STEEL)

143 Pa.Commw. 539 (1991)

600 A.2d 241

Robert MASON, Petitioner, v. WORKMEN'S COMPENSATION APPEAL BOARD (WHEELING-PITTSBURGH STEEL CORPORATION), Respondent.

Commonwealth Court of Pennsylvania.

Decided November 22, 1991.

Attorney(s) appearing for the Case

Timothy Conboy, for petitioner.

Steven E. Leindecker, for respondent.

Before CRAIG, President Judge, SMITH, J., and SILVESTRI, Senior Judge.

SMITH, Judge.

This case presents the question of whether attorney's fees should be automatically assessed against a defendant under Section 440 of The Pennsylvania Workmen's Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 996, even though defendant had a reasonable basis to contest a claim. Section 440 reads in relevant part:

In any contested case where the insurer has contested liability in whole or in part, the employe...

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