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LEON E. WINTERMYER v. W.C.A.B. (MARLOWE)

812 A.2d 478 (2002)

LEON E. WINTERMYER, INC. and American General Group, Appellants v. WORKERS' COMPENSATION APPEAL BOARD (MARLOWE), Appellees Penn National Insurance Co., Intervenor.

Supreme Court of Pennsylvania.

Decided December 10, 2002.

Attorney(s) appearing for the Case

Scott Alan Fleischauer, Hunt Valley, MD, for Lorne G. Seifert and PMA Group, defendant.

Robert Burke McLemore, Harrisburg, for Wintermyer, Inc. and American General Group, Appellants.

James A. Holzman, Harrisburg, Amber Marie Kenger, Mechanicsburg, for W.C.A.B., appellee.

David Bruce Hanes, Philadelphia, for Linda Marlowe, appellee.

Mary T. Uhlig, Philadelphia, Steven R. Tregea, State College, for Penn Nat. Ins. Co., Intervenor.

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

OPINION

SAYLOR, Justice.

This appeal concerns the application, in the administrative law setting, of what has been termed the capricious disregard standard of appellate review.

In November of 1993, Linda Marlowe ("Claimant") filed a claim petition seeking benefits against Leon E. Wintermyer, Inc. ("Employer"), and its insurer, American General Group, pursuant to the Workers' Compensation Act.

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