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DEPT. OF PUBLIC WELFARE v. W.C.A.B.(HARVEY)

No. 802 C.D. 2008.

960 A.2d 957 (2008)

COMMONWEALTH of Pennsylvania/DEPARTMENT OF PUBLIC WELFARE, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (HARVEY), Respondent.

Commonwealth Court of Pennsylvania.

Decided November 26, 2008.

Attorney(s) appearing for the Case

J. Brendan O'Brien, Philadelphia, for petitioner.

Marla A. Joseph, Jenkintown, for respondent.

BEFORE: PELLEGRINI, Judge, and LEAVITT, Judge, and McCLOSKEY, Senior Judge.

OPINION BY Judge LEAVITT.

The Commonwealth of Pennsylvania, Department of Public Welfare (Employer) petitions for review of a remand order of the Workers' Compensation Appeal Board (Board). The Board directed the Workers' Compensation Judge (WCJ) to receive additional evidence on the amount of credit Employer could claim against the disability compensation owed to Larry Harvey (Claimant) by reason of Employer's contribution to Claimant's pension from the State Employees...

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