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KANE v. W. C. A. B. ET AL.

No. 3106 C.D. 1980.

62 Pa.Commw. 192 (1981)

Wilbert Kane, Petitioner v. Commonwealth of Pennsylvania, Workmen's Compensation Appeal Board and City of Philadelphia, Respondents.

Commonwealth Court of Pennsylvania.

October 9, 1981.

Attorney(s) appearing for the Case

Sheldon Nerenberg, with him Allen L. Feingold, for petitioner.

Mary Rose Cunningham, Assistant City Solicitor, with her Judith N. Dean, Deputy City Solicitor, and Alan J. Davis, City Solicitor, for respondent, City of Philadelphia.

Argued September 18, 1981, before Judges ROGERS, WILLIAMS, JR. and PALLADINO, sitting as a panel of three.

OPINION BY JUDGE ROGERS, October 9, 1981:

Wilbert Kane seeks review of a decision of the Workmen's Compensation Appeal Board reversing a referee's imposition of attorney's fees and penalties against his employer, the City of Philadelphia.

The undisputed facts are that on January 26, 1977, while he was employed as a police officer by the City of Philadelphia the claimant sustained a work related injury to his neck and back. He filed a claim petition

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