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MCKENNA v. W.C.A.B. (SSM INDUSTRIES, INC.)

No. 454 C.D. 2010.

4 A.3d 211 (2010)

Patrick McKENNA, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (SSM INDUSTRIES, INC. and LIBERTY MUTUAL INSURANCE CO.), Respondents.

Commonwealth Court of Pennsylvania.

Decided August 18, 2010.

Attorney(s) appearing for the Case

Michael V. Tinari , Philadelphia, for petitioner.

William F. Sweeney , Philadelphia, for respondent, SSM Industries, Inc.

BEFORE: COHN JUBELIRER, Judge, and BROBSON, Judge, and FRIEDMAN, Senior Judge.

OPINION BY Senior Judge FRIEDMAN.

Patrick McKenna (Claimant) petitions for review of the February 23, 2010, order of the Workers' Compensation Appeal Board (WCAB), which reversed the decision of a workers' compensation judge (WCJ) granting Claimant's penalty petition. We affirm.

Turner Construction Company (Turner) is a general contractor that had sub-contracted with SSM Industries, Inc. (Employer) for the performance of certain work. In connection therewith...

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