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COM. v. W.C.A.B. (EXEL LOGISTICS)

890 A.2d 1045 (2005)

COMMONWEALTH of Pennsylvania, DEPARTMENT OF LABOR & INDUSTRY, BUREAU OF WORKERS' COMPENSATION v. WORKERS' COMPENSATION APPEAL BOARD (EXEL LOGISTICS). Appeal of Exel Logistics.

Supreme Court of Pennsylvania.

Decided December 30, 2005.

Attorney(s) appearing for the Case

Daniel Vincent DiLoretto, Philadelphia, for Excel Logistics Corporation.

Thomas Paul Howell, for Bureau of Workers' Compensation.

Amber Marie Kenger, Richard C. Lengler, Harrisburg, for Workers' Compensation Appeal Board.

Before: CAPPY, C.J., CASTILLE, NIGRO, NEWMAN, SAYLOR, EAKIN and BAER, JJ.

OPINION

Justice EAKIN.

Exel Logistics appeals from the order of the Commonwealth Court reversing the order of the Workers' Compensation Appeal Board (WCAB), which granted Supersedeas Fund reimbursement. We affirm.

Appellant issued a notice of compensation payable after claimant sustained a work-related shoulder injury while employed at appellant's business in May, 1993. In August, 1997, pursuant to § 306(f.1)(8)1

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