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FIDELITY & GUAR. v. BUREAU OF WORKERS' COMP.

No. 1766 C.D. 2009.

13 A.3d 534 (2010)

FIDELITY & GUARANTY INSURANCE COMPANY, Petitioner v. BUREAU OF WORKERS' COMPENSATION (Community Medical Center), Respondent.

Commonwealth Court of Pennsylvania.

Decided October 29, 2010.

Attorney(s) appearing for the Case

Charles S. Katz, Jr. , West Chester, for petitioner.

Thomas J. Kuzma , Deputy Chief Counsel, and Deborah J. Schwartz , Asst. Counsel, Harrisburg, Amicus Curiae, for respondent Bureau of Workers' Compensation.

William J. Hall, Jr. , Dunmore, for respondent Community Medical Center.

BEFORE: LEADBETTER, President Judge, and BROBSON, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge BROBSON.

Petitioner Fidelity & Guarantee Insurance Company (Insurer) petitions for review of an order of a hearing officer (Hearing Officer) of the Bureau of Workers' Compensation Fee Review Hearing Office (Bureau), which determined that Community Medical Center's (Provider) Application for Fee Review was timely filed within ninety (90) days of the original billing date pursuant to Section 306(f.1)(5) of the

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