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THOMAS LINDSTROM CO. v. W.C.A.B. (BRAUN)

No. 1815 C.D. 2009, 1970 C.D. 2009

992 A.2d 961 (2010)

THOMAS LINDSTROM CO., INC., Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (BRAUN), Respondent. John Braun, Petitioner v. Workers' Compensation Appeal Board (Thomas Lindstrom Co., Inc.), Respondent.

Commonwealth Court of Pennsylvania.

Decided April 13, 2010.

Attorney(s) appearing for the Case

Howard H. Soffer, Bensalem, for petitioner, Thomas Lindstrom Co., Inc.

Edward J. Carreiro, Jr., Colmar, for respondent, John Braun.

BEFORE: PELLEGRINI, Judge, and BUTLER, Judge, and KELLEY, Senior Judge.

OPINION BY Judge PELLEGRINI.

Thomas Lindstrom Co., Inc. (Employer) appeals from an order of the Workers' Compensation Appeal Board (Board) vacating the portion of the Workers' Compensation Judge's (WCJ) decision denying the Claim Petition of John Braun (Claimant) under Section 301(a) of the Workers' Compensation Act (Act)1 because Employer successfully presented an intoxication defense. Claimant appeals the portion of the order of the...

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