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DAY v. W.C.A.B. (CITY OF PITTSBURGH)

6 A.3d 633 (2010)

Melvin DAY, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (CITY OF PITTSBURGH), Respondent.

Commonwealth Court of Pennsylvania.

Decided October 18, 2010.

Attorney(s) appearing for the Case

Lawrence R. Chaban , Pittsburgh, for petitioner.

Bradley R. Andreen , Pittsburgh, for respondent.

BEFORE: LEADBETTER, President Judge, and McGINLEY, Judge, and PELLEGRINI, Judge, and COHN JUBELIRER, Judge, and LEAVITT, Judge, and BROBSON, Judge, and McCULLOUGH, Judge.

OPINION BY Judge COHN JUBELIRER.

Melvin Day (Claimant) petitions for review of the order of the Workers' Compensation Appeal Board (Board), which affirmed the decision and order of the Workers' Compensation Judge (WCJ). In her decision and order, the WCJ granted the Petition to Suspend Compensation Benefits (Suspension Petition) filed by the City of Pittsburgh (Employer) on the grounds that Claimant had retired and failed to show either that he was forced to retire...

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