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GRIFFITHS v. W.C.A.B.

No. 148 MAP 2005.

943 A.2d 242 (2008)

DAVID GRIFFITHS, Appellant, v. WORKERS' COMPENSATION APPEAL BOARD (SEVEN STARS FARM, INC.), Appellees.

Supreme Court of Pennsylvania.

Resubmitted January 11, 2008.

Decided March 19, 2008.

Attorney(s) appearing for the Case

Matthew Lane Wilson, Esq., Mary T. Stark, Esq., Martin, Banks, Pond, Lehocky & Wilson, Coplay, for David Griffiths.

Timothy Dean McNair, Esq., Erie, for amicus curiae Pennsylvania Trial Lawyers Association.

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

Sheri B. Friedman, Esq., Charles S. Katz, Jr., Esq., Swartz Campbell, L.L.C., Philadelphia, for Seven Stars Farm.

Michael D. Sherman, Esq., Fried, Kane, Walters, Zuschlag & Grochmal, Pittsburgh, for amicus curiae Pennsylvania Defense Institute.

BEFORE: CASTILLE, C.J., and SAYLOR, EAKIN, BAER, TODD and MCCAFFERY, JJ.

OPINION

Chief Justice CASTILLE.

This Court granted review to determine: (1) whether a van modified to make it wheelchair accessible for a workers' compensation claimant rendered a quadriplegic by a work-related injury is an "orthopedic appliance" under Section 306(f.1)(1)(ii) of the Workers' Compensation Act ("the Act"), 77 P.S. § 531(1)(ii); and (2) whether the cost containment provision in Section 306(f.1)(3)(i) of the Act, 77 P.S. § 531...

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