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YESPELKIS v. W.C.A.B.

No. 1150 C.D. 2009.

986 A.2d 194 (2009)

Elizabeth YESPELKIS, Petitioner v. WORKER'S COMPENSATION APPEAL BOARD (PULMONOLOGY ASSOCIATES INCORPORATED and AmeriHealth Casualty), Respondents.

Commonwealth Court of Pennsylvania.

Decided December 4, 2009.

Attorney(s) appearing for the Case

George J. Badey, III, Philadelphia, for petitioner.

Stacey M. Merkin, Philadelphia, for respondent, AmeriHealth Casualty.

BEFORE: McGINLEY, Judge, and SIMPSON, Judge, and McCLOSKEY, Senior Judge.

OPINION BY Judge SIMPSON.

The novel issue in this acrimonious workers' compensation appeal is whether an employer engages in an unreasonable contest where it files a penalty petition against a claimant.

In particular, Elizabeth Yespelkis (Claimant) petitions for review of an order of the Workers' Compensation Appeal Board (Board) affirming as modified an order of a Workers' Compensation Judge (WCJ). Pulmonology Associates, Inc. (Employer) filed a petition...

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