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VERIZON PENNSYLVANIA, INC. v. W.C.A.B.

863 A.2d 1247 (2004)

VERIZON PENNSYLVANIA, INC., Petitioner, v. WORKERS' COMPENSATION APPEAL BOARD (BAUN), Respondent.

Commonwealth Court of Pennsylvania.

Decided December 22, 2004.

Attorney(s) appearing for the Case

Christopher H. Wright, Philadelphia, for petitioner.

Geoffrey Hillsberg, Media, for respondent.

BEFORE: FRIEDMAN, J., SIMPSON, J., and McCLOSKEY, Senior Judge.

OPINION BY Judge SIMPSON.

In this case we address the recently amended "fellow employee" limitation to a claimant's recovery of compensation and wages under Section 306(b)(1) of the Workers' Compensation Act (Act).1 Verizon Pennsylvania, Inc. (Employer) challenges a determination that Scott Baun (Claimant) did not receive more in compensation and wages than fellow employees. Because Employer failed to prove fellow employees were engaged...

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