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BOEING HELICOPTERS v. W.C.A.B. (COBB)

713 A.2d 1181 (1998)

BOEING HELICOPTERS, Petitioner, v. WORKERS' COMPENSATION APPEAL BOARD (Barbara COBB, Administratrix of the Estate of Maynard Cobb, Deceased), Respondent.

Commonwealth Court of Pennsylvania.

Decided June 5, 1998.

Reargument Denied August 3, 1998.

Attorney(s) appearing for the Case

Jonathan F. Ball, Philadelphia, for petitioner.

Ronald V. Cole, Elkins Park, for respondent.

Before COLINS, President Judge, and DOYLE, SMITH, PELLEGRINI, KELLEY, FLAHERTY and LEADBETTER, JJ.

SMITH, Judge.

Boeing Helicopters (Employer) petitions for review of an order of the Workers' Compensation Appeal Board (Board) that affirmed an order of a Workers' Compensation Judge (WCJ) granting a penalty petition filed by Maynard Cobb (Claimant). Employer questions whether the Board and the WCJ erred in applying the rule of law established in Toy v. Workmen's Compensation Appeal Board (Alltel Pa., Inc.), 651 A.2d 701 (Pa.Cmwlth.1994), that an employer or...

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