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PHILLIPS v. W.C.A.B. (CENTURY STEEL)

721 A.2d 1091 (1999)

Marvin PHILLIPS, Appellant, v. WORKMEN'S COMPENSATION APPEAL BOARD (CENTURY STEEL, Westinghouse, Atlantic Plant Maintenance, Sauers, Schneider & Minnotte) Appellees.

Supreme Court of Pennsylvania.

Decided January 7, 1999.

Attorney(s) appearing for the Case

Joseph J. Cirilano, David B. Rodes, Pittsburgh, for Marvin Phillips.

Eugene F. Scanlon, Pittsburgh, for Century Steel-Not Involved.

George J. Steffish for Minnotte.

Lawrence Baldasare, Michael A. Cohen, Pittsburgh, for Atlantic Plant Maintenance.

William M. Conwell, Pittsburgh, for Sauers.

P. Ronald Cooper, Pittsburgh, for Schneider, Inc.-Not Involved.

William Evans, James M. Poerio, Pittsburgh, for Westinghouse-Amicus.

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

OPINION

NEWMAN, Justice.

Marvin Phillips (Appellant) appeals from an Order of the Commonwealth Court affirming the Workmens' Compensation Appeal Board's (WCAB) denial of disability benefits and assessing attorneys' fees against his counsel for filing a frivolous appeal. For the reasons discussed herein, we reverse the award of attorneys' fees.

FACTUAL AND PROCEDURAL HISTORY

From 1948 to 1991, Appellant worked as a millwright...

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