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COM., DEPT. OF CORRECTIONS v. W.C.A.B.

6 A.3d 603 (2010)

COMMONWEALTH of Pennsylvania, DEPARTMENT OF CORRECTIONS, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (WAGNER-STOVER), Respondent.

Commonwealth Court of Pennsylvania.

Decided October 1, 2010.

Reargument Denied November 19, 2010.

Attorney(s) appearing for the Case

Thomas Ollason and Shawn P. Kenny , Camp Hill, for petitioner.

Judson B. Perry , Wormleysburg, for respondent.

BEFORE: LEADBETTER, President Judge, and PELLEGRINI, Judge, and COHN JUBELIRER, Judge, and LEAVITT, Judge, and BUTLER, Judge.

OPINION BY Judge LEAVITT.

The Commonwealth of Pennsylvania, Department of Corrections (Department) petitions for review of an adjudication of the Workers' Compensation Appeal Board (Board) denying the Department's petition to terminate Brenda Wagner-Stover's (Claimant) workers' compensation benefits. In doing so, the Board held that the Workers' Compensation Judge (WCJ) was free to disregard the adjudication of the Secretary...

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