MONESSEN SOUTHWESTERN RY. v. W.C.A.B.


159 Pa.Commw. 461 (1993)

633 A.2d 1264

MONESSEN SOUTHWESTERN RAILWAY CO., Petitioner, v. WORKMEN'S COMPENSATION APPEAL BOARD (ESTATE OF B.L. VAN DIVNER), Respondent.

Commonwealth Court of Pennsylvania.

Decided November 5, 1993.


Attorney(s) appearing for the Case

James B. Hecht, for petitioner.

Robin S. Wertkin, for respondent.

Before PALLADINO and FRIEDMAN, JJ., and NARICK, Senior Judge.


NARICK, Senior Judge.

Monessen Southwestern Railway Company (MSW) appeals from the order of the Workmen's Compensation Appeal Board (WCAB) that affirmed, after remand, the grant of workmen's compensation benefits to William Van Divner.1 We reverse.

On October 18, 1981, Van Divner suffered a work-related injury to his left foot while working for MSW, a wholly-owned subsidiary of Wheeling-Pittsburgh Steel Corporation (WPSC). Van...

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