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CONSOLIDATION COAL CO. v. W.C.A.B. (ALBANI)

No. 2216 C.D. 2007.

968 A.2d 815 (2009)

CONSOLIDATION COAL COMPANY, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (ALBANI), Respondent.

Commonwealth Court of Pennsylvania.

Decided March 5, 2009.

Reargument Denied En Banc April 29, 2009.

Attorney(s) appearing for the Case

Paul E. Sutter, Pittsburgh, for petitioner.

Stephen P. Moschetta, Washington, for respondent.

BEFORE: McGINLEY and COHN JUBELIRER, JJ, and KELLEY, Senior Judge.

OPINION BY Judge COHN JUBELIRER.

Consolidation Coal Company (Employer) petitions for review of the order of the Workers' Compensation Appeal Board (Board), which reversed, in part, the order of the workers' compensation judge (WCJ) and granted the Petition for Review of Compensation Benefits Offset (Review Petition) of Donald Albani (Claimant). The Board held that the actuarial testimony presented by Employer was not sufficient to support Employer's right to an offset...

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