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LINTON v. W.C.A.B. (AMCAST INDUS. CORP.)

No. 104 C.D. 2009

991 A.2d 376 (2010)

Paul LINTON, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (AMCAST INDUSTRIAL CORPORATION), Respondent.

Commonwealth Court of Pennsylvania.

Decided February 26, 2010.

Attorney(s) appearing for the Case

Alan B. Ziegler, Reading, for petitioner.

Zachary M. Rubinich, Philadelphia, for respondent.

BEFORE: LEAVITT, Judge, and KELLEY, Senior Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge LEAVITT.

Paul Linton (Claimant) petitions for review of an adjudication of the Workers' Compensation Appeal Board (Board) that denied his request for attorneys' fees incurred in defending the modification petition filed by his employer, Amcast Industrial Corporation (Employer). Claimant asserts that Employer's modification petition, which was its second, was barred by the doctrine of res judicata or collateral estoppel and, as such, unreasonable...

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