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FRYE v. W.C.A.B. (VOLKSWAGEN OF AMERICA)

823 A.2d 1063 (2003)

Mark FRYE, Petitioner, v. WORKERS' COMPENSATION APPEAL BOARD (VOLKSWAGEN OF AMERICA), Respondent.

Commonwealth Court of Pennsylvania.

Decided May 12, 2003.

Attorney(s) appearing for the Case

John W. Pollins, III, Greensburg, for petitioner.

Thomas B. Kostolansky, Donora, for respondent.

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

OPINION BY Judge SIMPSON.

Mark Frye (Claimant) and his Counsel1 appeal from an order of the Workers' Compensation Appeal Board (Board) denying, in part, their penalty petition asking Volkswagen of America and the State Workers' Insurance Fund (collectively Employer) to pay attorney fees. With respect to the contested period, the workers' compensation judge (WCJ) found no violation of the Workers' Compensation Act (Act),

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