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SHADYSIDE HOSPITAL/HERITAGE v. W.C.A.B.

163 Pa.Commw. 152 (1994)

639 A.2d 1337

SHADYSIDE HOSPITAL/HERITAGE, Petitioner, v. WORKMEN'S COMPENSATION APPEAL BOARD (BERRY), Respondent. Kathleen BERRY, Petitioner, v. WORKMEN'S COMPENSATION APPEAL BOARD (SHADYSIDE HOSPITAL), Respondent.

Commonwealth Court of Pennsylvania.

Decided April 4, 1994.

Petition for Allowance of Appeal Denied August 16, 1994.

Attorney(s) appearing for the Case

Edward A. McFarland, for petitioner Shadyside/Heritage.

Edward J. Abes, for respondent Kathleen Berry.

Susan Shinkman, Chief Counsel, for amicus curiae, Dept. of Labor and Industry.

Before CRAIG, President Judge, and COLINS, McGINLEY, SMITH, PELLEGRINI, FRIEDMAN and KELLEY, Judges.

CRAIG, President Judge.

The Shadyside Hospital/Heritage (the hospital) appeals from the decision and order of the Workmen's Compensation Appeal Board that affirmed the decision of a referee to grant the reinstatement petition of the claimant, Kathleen Berry. The hospital contends that the 1993 amendments to § 422(a) of the Workers' Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 834, retroactively require the referee to produce...

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