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PHILADELPHIA v. W.C.A.B. (BRASTEN)

556 Pa. 400 (1999)

728 A.2d 938

CITY OF PHILADELPHIA v. WORKERS' COMPENSATION APPEAL BOARD (BRASTEN), Appeal of Anthony Brasten.

Supreme Court of Pennsylvania.

Decided May 3, 1999.

Reargument Denied June 29, 1999.

Attorney(s) appearing for the Case

John B. Alessandroni, Philadelphia, for Anthony Brasten, appellant.

Shawn M. Dethlefsen, Allentown, Mary T. Uhlig, Nancy J. Pease, Kenneth F. DeMarco, Philadelphia, for City of Philadelphia, appellee.

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

ORDER

PER CURIAM.

The Court being evenly divided, the order of the Commonwealth Court is hereby affirmed.

Justice ZAPPALA files an opinion in Support or Affirmance in which Chief Justice FLAHERTY and Justice CAPPY join.

Justice NIGRO files an Opinion in Support of Reversal in which Justices CASTILLE and NEWMAN join.

OPINION IN SUPPORT OF AFFIRMANCE

ZAPPALA, Justice.

The issue before this Court is whether...

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