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SELLERS v. W.C.A.B.

552 Pa. 22 (1998)

713 A.2d 87

Philip SELLERS, Appellee, v. WORKERS' COMPENSATION APPEAL BOARD (HMT CONSTRUCTION SERVICES, INC.), Appellant.

Supreme Court of Pennsylvania.

Decided June 18, 1998.

Attorney(s) appearing for the Case

Bernadine J. Munley, Media, Kimberly L. MacDonald, Philadelphia, for HMT Const.

Mark D. Turetsky, Norristown, for Philip Sellers.

David S. Hawkins, Sudbury, Ontario, CN, for W.C.A.B.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION

NIGRO, Justice.

The issue in this workers' compensation action is what constitutes sufficient evidence to determine whether an appeal is timely filed with the Workers' Compensation Appeal Board. The Commonwealth Court held that the required evidence is a United States postmark. We affirm.

On August 5, 1992, Appellee filed a claim petition alleging that he suffered a work-related injury to his neck and back on June 7, 1990. The Workers...

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