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GANN v. WORKERS COMPENSATION APPEAL BD. (MBS MGMT./WELLINGTON)

792 A.2d 701 (2002)

Verlin GANN, Petitioner, v. WORKERS' COMPENSATION APPEAL BOARD (MBS MANAGEMENT/WELLINGTON EAST DEVELOPMENT), Respondent. MBS Management/Wellington East Development and State Workers' Insurance Fund, Petitioners, v. Workers' Compensation Appeal Board (Gann), Respondent.

Commonwealth Court of Pennsylvania.

Decided February 26, 2002.

Attorney(s) appearing for the Case

Michael A. Murphy, Pittsburgh, for petitioner, V. Gann.

J. Brendan O'Brien, Pittsburgh, for respondent, MBS Management/Wellington East Development.

Before McGINLEY, Judge, SMITH-RIBNER, Judge and FLAHERTY, Senior Judge.

SMITH-RIBNER, Judge.

Verlin Gann and MBS Management (MBS) petition for review of a decision of the Workers' Compensation Appeal Board (Board) that reversed a decision of a Workers' Compensation Judge (WCJ) which found that MBS is Gann's statutory employer and is responsible for paying Gann's workers' compensation benefits. Gann contends that the Board erred in reversing the WCJ's decision because the WCJ's finding that MBS...

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