WAUGH v. W.C.A.B.


558 Pa. 400 (1999)

737 A.2d 733

John WAUGH v. WORKMEN'S COMPENSATION APPEAL BOARD, State Workmen's Insurance Fund and Blue Grass Steel. Appeal of State Workmen's Insurance Fund.

Supreme Court of Pennsylvania.

Decided September 29, 1999.


Attorney(s) appearing for the Case

Maureen E. Calder, Scranton, for State Workmen's Ins. Fund.

Thomas S. Cook, Harrisburg, for John Waugh.

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


OPINION OF THE COURT

CASTILLE, Justice.

This Court granted allocatur in the above-referenced matter in order to address whether an insurance company is entitled to set aside a Notice of Compensation Payable ("NCP") on the grounds that an employer's intentional misrepresentation as to the claimant's residency at the time of the injury constituted a material mistake of fact. For the reason that follow, we reverse the Commonwealth Court and conclude...

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