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MERCER LIME & STONE v. W.C.A.B. (MCGALLIS)

923 A.2d 1251 (2007)

MERCER LIME AND STONE COMPANY and Old Republic Insurance Company, Petitioners v. WORKERS' COMPENSATION APPEAL BOARD (McGALLIS), Respondent.

Commonwealth Court of Pennsylvania.

Decided May 17, 2007.

Attorney(s) appearing for the Case

Charles G. Brown, Pittsburgh, for petitioner.

No appearance entered on behalf of respondent.

BEFORE: LEADBETTER, President Judge, and PELLEGRINI, Judge, and LEAVITT, Judge.

OPINION BY President Judge LEADBETTER.

Employer, Mercer Lime and Stone Company, petitions for review of the order of the Workers' Compensation Appeal Board (Board), which affirmed the grant of claimant Kenneth McGallis' penalty petition. The issue on appeal is whether employer failed to pay claimant in a timely manner in violation of the Workers' Compensation Act (Act).1 After review, we conclude that employer's payment was untimely and...

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