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DOWHOWER v. W.C.A.B. (CAPCO CONTRACTING)

919 A.2d 913 (2007)

Paul DOWHOWER, Appellant, v. WORKERS' COMPENSATION APPEAL BOARD (CAPCO CONTRACTING), Appellee.

Supreme Court of Pennsylvania.

Decided April 17, 2007.

Attorney(s) appearing for the Case

Jason Michael Weinstock, Esq., Ira H. Weinstock, Maggi E. Colwell, Esq., John Pozniak, Esq., P.C., Harrisburg, for Paul Dowhower.

David C. Harrison, Esq., Philadelphia, for amicus curiae Pennsylvania Trial Lawyers Association.

Amber M. Kenger, Esq., Richard C. Lengler, Esq., PA Workers' Compensation Appeal Board, Harrisburg, for Workers' Compensation Appeal Board.

R. Burke McLemore, Esq., Harrisburg, for CAPCO Contracting.

BEFORE: CAPPY, C.J., and CASTILLE, SAYLOR, EAKIN, BAER and BALDWIN, JJ.

OPINION

Justice BALDWIN.

Appellant, Paul Dowhower (Claimant), sustained a work-related injury on September 13, 1996. On May 29, 1998, a Workers' Compensation Judge (WCJ) issued an order awarding Claimant total disability benefits retroactive to April 18, 1997. Thereafter, Claimant returned to work for a period of time, but later returned to total disability status.

On May 20, 1999, ITT Hartford, the insurer of Claimant's employer, filed a...

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