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

879 A.2d 838 (2005)

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

Commonwealth Court of Pennsylvania.

Decided July 21, 2005.

Attorney(s) appearing for the Case

Lawrence Doherty, Melrose Park, for petitioner.

Richard R. Di Stefano, Philadelphia, for respondent.

BEFORE: PELLEGRINI, J., LEAVITT, J., and FLAHERTY, Senior Judge.

OPINION BY Senior Judge FLAHERTY.

The City of Philadelphia (City) petitions for review of a decision of the Workers' Compensation Appeal Board (Board) which reversed the decision of the Workers' Compensation Judge (WCJ) and granted Emmett McGinn's (Claimant) petition for reinstatement of total disability benefits. We affirm.

On October 27, 1990, Claimant retired from the City Fire Department at the age of 45. Claimant had worked 21 years as a firefighter for...

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