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PA. ASS'N OF HOME H.A. v. COM. OF PA.

No. 2530 C.D. 1987.

119 Pa.Commw. 495 (1988)

547 A.2d 824

The Pennsylvania Association of Home Health Agencies et al., Petitioners v. Commonwealth of Pennsylvania, Insurance Department and Constance B. Foster, Insurance Commissioner, Respondents.

Commonwealth Court of Pennsylvania.

September 16, 1988.

Attorney(s) appearing for the Case

John P. Krill, Jr., Kirkpatrick & Lockhart, for petitioners.

Victoria A. Reider, Assistant Counsel, with her, Terrance J. Fitzpatrick, Chief of Litigation, and Linda J. Wells, Chief Counsel, for respondents.

Robert L. Pratter, with him, Joseph A. Fillip, Jr., Duane, Morris & Heckscher, for intervenor, Pennsylvania Compensation Rating Bureau.

John M. Elliott, with him, Stephen C. Braverman, and M. Hannah Leavitt, Baskin, Flaherty, Elliott, Mannino & Beren, P.C., for Pennsylvania Coal Association, as Amicus Curiae.

Argued June 14, 1988, before President Judge CRUMLISH, JR., Judge DOYLE, and Senior Judge NARICK, sitting as a panel of three.

OPINION BY JUDGE DOYLE, September 16, 1988:

The Pennsylvania Association of Home Health Agencies (Association) appeals the November 4, 1987 order of the Insurance Commissioner, Constance B. Foster (Commissioner), denying the Association's petition for review. The Association's petition challenged the Commissioner's approval, subject to her modifications, of the 1987 workers' compensation rate revision (1987 rate revision). We vacate the portion of the Commissioner...

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