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BRUTICO v. W.C.A.B. (U.S. AIRWAYS, INC.)

866 A.2d 1152 (2005)

Beth A. BRUTICO, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (US AIRWAYS, INC.), Respondent.

Commonwealth Court of Pennsylvania.

Decided December 20, 2004.

Reconsideration Denied February 23, 2005.

Attorney(s) appearing for the Case

Edward Jaffee Abes and Sandra W. Kokal, Pittsburgh, for petitioner.

Kimberly A. Zabroski, Pittsburgh, for respondent.

Lawrence R. Chaban, Pittsburgh, for amicus curie, PA Trial Lawyers Association.

McGINLEY, Judge, and PELLEGRINI, Judge, and LEADBETTER, Judge.

OPINION BY Judge PELLEGRINI.

Beth A. Brutico (Claimant) appeals an order of the Workers' Compensation Appeal Board (Board) affirming the decision of the Workers' Compensation Judge (WCJ) dismissing her claim petition and not awarding penalties or unreasonable contest fees against U.S. Airways, Inc. (Employer) because she failed to meet her burden of proving she was disabled even though Employer acknowledged that she suffered a work-related injury.

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