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ENTERPRISE RENT-A-CAR v. W.C.A.B. (CLABAUGH)

934 A.2d 124 (2007)

ENTERPRISE RENT-A-CAR, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (CLABAUGH), Respondent.

Commonwealth Court of Pennsylvania.

Decided September 27, 2007.

Reargument Denied November 13, 2007.

Attorney(s) appearing for the Case

Sean B. Epstein and Gregory J. Fischer, Pittsburgh, for petitioner.

Fred H. Hait, Harrisburg, for respondent.

BEFORE: LEADBETTER, President Judge, COHN JUBELIRER, Judge, and FLAHERTY, Senior Judge.

Reargument Denied En Banc November 13, 2007.

OPINION BY Senior Judge. FLAHERTY.

Enterprise Rent-A-Car (Employer) petitions for review from an Order of the Workers' Compensation Appeal Board (Board) which affirmed the Decision of a Workers' Compensation Judge (WCJ) granting a Penalty Petition filed by Edward Clabaugh (Claimant). We reverse for the reasons stated below.

Claimant sustained injuries in the course and scope of his employment on July 31...

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