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CITY OF NANTICOKE v. W.C.A.B. (ZIOLKOWSKI)

828 A.2d 462 (2003)

The CITY OF NANTICOKE and State Workmen's Insurance Fund, Petitioners, v. WORKERS' COMPENSATION APPEAL BOARD (ZIOLKOWSKI), Respondent. Terry Ziolkowski, Petitioner, v. Workers' Compensation Appeal Board (The City of Nanticoke and State Workmen's Insurance Fund), Respondent.

Commonwealth Court of Pennsylvania.

Decided July 10, 2003.

Attorney(s) appearing for the Case

Michael D. Yelen, Wilkes-Barre, for petitioner.

Charles R. Coslett, Kingston, for respondent.

BEFORE: McGINLEY, Judge, SIMPSON, Judge, and KELLEY, Senior Judge.

OPINION BY Judge McGINLEY.

The City of Nanticoke (Employer) and the State Workmen's Insurance Fund (SWIF) petition for review from an order of the Workers' Compensation Appeal Board (Board) that affirmed the decision of the Workers' Compensation Judge (WCJ) to grant Terry Ziolkowski's (Claimant) claim petition. Claimant cross-petitions from an order of the Board that affirmed the WCJ's denial of attorney's fees.

On March 25, 1997, Claimant petitioned for benefits...

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