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MELMARK HOME v. W.C.A.B. (ROSENBERG)

No. 899 C.D. 2007.

946 A.2d 159 (2008)

MELMARK HOME, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (ROSENBERG), Respondent.

Commonwealth Court of Pennsylvania.

Decided April 2, 2008.

Attorney(s) appearing for the Case

Edward R. Carpenter, Jr., Media, for petitioner.

Mark B. Segal, West Chester, for respondent.

BEFORE: SMITH-RIBNER, Judge, and COHN JUBELIRER, Judge, and LEAVITT, Judge.

OPINION BY Judge LEAVITT.*

Melmark Home (Employer) petitions for review of an adjudication of the Workers' Compensation Appeal Board (Board) that affirmed the decision of the Workers' Compensation Judge (WCJ) to dismiss Employer's modification petition. In this appeal, we consider whether the WCJ and the Board erred in concluding that an employer is required by the Workers' Compensation Act

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