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COM. v. CORBAN CORP.

Nos. 36 MAP 2007, 37 MAP 2007.

957 A.2d 274 (2008)

COMMONWEALTH of Pennsylvania, Appellee v. CORBAN CORPORATION, d/b/a Encor Coatings, Inc., Appellant. Commonwealth of Pennsylvania, Appellee v. William R. Condosta, Appellant.

Supreme Court of Pennsylvania.

Decided October 23, 2008.

Attorney(s) appearing for the Case

Steve N. Goudsouzian, for Corban Corp., d/b/a Encor Coatings, Inc.

Roy A. Manwaring, Bethlehem, John Michael Morganelli, for the Com. of PA.

Douglas J. Tkacik, Sara Jane Hogan, Law Offices of Douglas J. Tkacik, Bethlehem, for William R. Condosta.

Thomas Joseph Kuzma, Harrisburg, Eric G. Preputnick, for Dept. of Labor and Industry, Bureau of Worker's Compensation, appellee amicus curiae.

Jennifer Ann Buck, PA Office of Atty. Gen., for Attorney General's Office, appellee amicus curiae.

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

OPINION

Justice EAKIN.

Elmer Kennedy worked for Corban Corporation as a forklift operator. In December, 2000, he sustained work-related burns to his back. He sought workers' compensation benefits for the injuries; however, Corban Corporation's workers' compensation insurance carrier denied the claim due to a lack of insurance coverage.

As a result, on September 21, 2004, the Commonwealth filed a criminal complaint asserting six counts of third...

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