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GMS MINE REPAIR v. W.C.A.B. (WAY)

No. 92 C.D. 2011.

29 A.3d 1193 (2011)

GMS MINE REPAIR & MAINTENANCE, INC. and Chartis Claims, Inc., Petitioners v. WORKERS' COMPENSATION APPEAL BOARD (WAY), Respondent.

Commonwealth Court of Pennsylvania.

Decided October 7, 2011.

Attorney(s) appearing for the Case

J. Eric Barchiesi , Pittsburgh, for petitioners.

Thomas P. Howell , Assistant Counsel, Pittsburgh, for respondent.

BEFORE: McGINLEY, Judge, and COHN JUBELIRER, Judge, and FRIEDMAN, Senior Judge.

OPINION BY Senior Judge FRIEDMAN.

GMS Mine Repair & Maintenance, Inc. (GMS) and Chartis Claims, Inc.1 (collectively, Employer) petition for review of the December 22, 2010, order of the Workers' Compensation Appeal Board (WCAB) affirming the March 12, 2010, decision of a workers' compensation judge (WCJ) that Employer is not entitled to Supersedeas Fund reimbursement for workers' compensation payments that it made to Elmer Way (Claimant...

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