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COM., DEPT. OF PUBLIC WELFARE v. W.C.A.B.

No. 630 C.D. 2011

41 A.3d 53 (2011)

COMMONWEALTH of PA, DEPARTMENT OF PUBLIC WELFARE and CompServices, Inc., Petitioners v. WORKERS' COMPENSATION APPEAL BOARD (KOPSIE), Respondent.

Commonwealth Court of Pennsylvania.

Decided October 5, 2011.

Publication Ordered April 10, 2012.

Attorney(s) appearing for the Case

Matthew B. Esslinger , Camp Hill, for petitioner.

Michael W. Cardamone , Pottsville, for respondent Earl Kopsie.

BEFORE: PELLEGRINI, Judge, and BROBSON, Judge, and McCULLOUGH, Judge.

OPINION BY Judge PELLEGRINI.

The Department of Public Welfare (Employer) petitions for review of the order of the Workers' Compensation Appeal Board (Board) affirming the Workers' Compensation Judge's (WCJ) denial of Employer's termination petition because Employer failed to meet its burden of demonstrating that Earl Kopsie (Claimant) had fully recovered from a work injury.1 Because the board erred in determining that Employer did not...

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