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CITY OF PHILADELPHIA v. W.C.A.B. (SMITH)

860 A.2d 215 (2004)

CITY OF PHILADELPHIA, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (SMITH), Respondent.

Commonwealth Court of Pennsylvania.

Decided October 18, 2004.

Attorney(s) appearing for the Case

Martin G. Malloy, Philadelphia, for petitioner.

Daniel F. Ashton, Fort Washington, for respondent.

BEFORE: PELLEGRINI, Judge, and LEAVITT, Judge, and McCLOSKEY, Senior Judge.

OPINION BY Judge LEAVITT.

The City of Philadelphia (Employer) petitions for review of an adjudication of the Workers' Compensation Appeal Board (Board) that denied Employer's termination and utilization review petitions. In doing so, the Board affirmed the decision of the Workers' Compensation Judge (WCJ) that Eddie Smith (Claimant) had not recovered from his 1998 work-related injury to his lower back and that his continuing treatment was reasonable and necessary...

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