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SWIF v. W.C.A.B. (HEARING, AM. EAGLE EXP.)

833 A.2d 343 (2003)

SWIF, Petitioner, v. WORKERS' COMPENSATION APPEAL BOARD (HERING, AMERICAN EAGLE EXPRESS, and Liberty Mutual Insurance Company), Respondents.

Commonwealth Court of Pennsylvania.

Decided October 8, 2003.

Attorney(s) appearing for the Case

Stephen J. Harlen, Philadelphia, for petitioner.

John P. Meyers, Plymouth Meeting, for respondent, Liberty Mutual Insurance Co.

Gerald A. McHugh, Jr., Philadelphia, for respondent, R. Hering.

Howard J. Bashman, Philadelphia, for respondent, American Eagle Express.

BEFORE: SMITH-RIBNER, Judge, LEADBETTER, Judge, and JIULIANTE, Senior Judge.

OPINION BY Senior Judge JIULIANTE.

The State Workers' Insurance Fund (SWIF) petitions for review of the March 13, 2003 order of the Workers' Compensation Appeal Board that affirmed the order of the Workers' Compensation Appeal Judge (WCJ) finding SWIF to be the responsible insurance carrier for injuries sustained by Robert Hering (Claimant). In this appeal, we are asked to consider whether American Eagle Express (Employer) misrepresented the nature of its workforce...

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