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BINGNEAR v. W.C.A.B. (CITY OF CHESTER)

No. 335 C.D. 2008.

960 A.2d 890 (2008)

Robert BINGNEAR, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (CITY OF CHESTER), Respondent.

Commonwealth Court of Pennsylvania.

Decided November 19, 2008.

Attorney(s) appearing for the Case

Arthur G. Girton, Chester, for petitioner.

Robert F. Kelly, Jr., Media, for respondent.

BEFORE: McGINLEY, Judge, and BUTLER, Judge, and FLAHERTY, Senior Judge.

OPINION BY Senior Judge FLAHERTY.

Before this Court is an appeal of Robert Bingnear (Claimant) from an order of the Workers' Compensation Appeal Board (Board) dated January 5, 2008. The Board held that the City of Chester (Employer) was permitted through its Collective Bargaining Agreement (CBA) to reduce Claimant's pension benefits in an amount equal to 100% of Claimant's workers' compensation benefits. We vacate the Board...

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