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MOORE v. W.C.A.B. (BABCOCK & WILCOX CO.)

811 A.2d 631 (2002)

Brian MOORE, Petitioner, v. WORKERS' COMPENSATION APPEAL BOARD (BABCOCK & WILCOX COMPANY), Respondent.

Commonwealth Court of Pennsylvania.

Decided November 1, 2002.

Reargument Denied December 19, 2002.

Attorney(s) appearing for the Case

Wendy K. Ligo, Pittsburgh, for petitioner.

Ned Trbovich, Pittsburgh, for respondent.

BEFORE: FRIEDMAN, Judge, SIMPSON, Judge, and JIULIANTE, Senior Judge.

OPINION BY Judge SIMPSON.

Brian Moore (Claimant) appeals from an order of the Workers' Compensation Appeal Board (Board) that affirmed the Workers' Compensation Judge's (WCJ) grant of Babcock & Wilcox Company's (Employer) suspension petition and reversed the WCJ's grant of Claimant's penalty petition. The WCJ and the Board found that Claimant, while under house arrest, was "incarcerated" and ineligible for benefits under of the Workers' Compensation Act (Act)...

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