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FRAZIER v. W.C.A.B. (BAYADA NURSES, INC.)

No. 56 EAP 2010.

52 A.3d 241 (2012)

Lillian FRAZIER, Appellant, v. WORKERS' COMPENSATION APPEAL BOARD (BAYADA NURSES, INC.), Appellee.

Supreme Court of Pennsylvania.

Decided September 28, 2012.

Attorney(s) appearing for the Case

John Paul Dogum , Martin, Banks, Pond, Lehocky & Wilson, Philadelphia, Michael Alan Hamilton , Nelson, Levine, deLuca & Horst, L.L.C., Blue Bell, for Lilian Frazier.

James Christopher Froelich , Wyomissing, for Appellant Amicus Curiae, Pennsylvania Public Transportation Association.

Colin Meneely , Pittsburgh, for Appellant Amicus Curiae, Port Authority of Allegheny County.

John Anthony Costalas , John F. Hayes II , Blue Bell, Cipriani & Werner, P.C., for Bayada Nurses, Inc.

Amber M. Kenger , PA Department of Labor and Industry, Richard C. Lengler , Workers' Compensation Appeal Board, Harrisburg, for Workers' Compensation Appeal Board.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.

OPINION

Justice BAER.1

In July, 1993, the General Assembly significantly amended the Workers' Compensation Act2 with sweeping legislation known commonly as Act 44.3 A portion of Act 44, namely Section 23, provides as follows:

The Commonwealth, its political subdivisions, their officials and employees acting...

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