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BUSH v. W.C.A.B. (SWATARA COAL CO.)

802 A.2d 679 (2002)

Gary R. BUSH, Petitioner, v. WORKERS' COMPENSATION APPEAL BOARD (SWATARA COAL COMPANY), Respondent.

Commonwealth Court of Pennsylvania.

Decided June 21, 2002.

Attorney(s) appearing for the Case

Richard J. Wiest, Pottsville, for petitioner.

Jonathan F. Ball, Philadelphia, for respondent.

Before DOYLE, Senior Judge, COLINS, President Judge, SMITH-RIBNER, Judge, PELLEGRINI, Judge, FRIEDMAN, Judge, KELLEY, Senior Judge, and LEADBETTER, Judge.

OPINION BY Senior Judge DOYLE.

Gary R. Bush (Claimant) petitions for review of an order of the Workers' Compensation Appeal Board (Board) reversing the decision of a Workers' Compensation Judge (WCJ), which had granted Claimant's petition for commutation of benefits pursuant to the provisions of Section 316 of the Workers' Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 604.

An issue of first impression is presented...

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