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UPPER DARBY TP. v. W.C.A.B. (NICASTRO)

No. 1285 C.D. 2010

23 A.3d 601 (2011)

UPPER DARBY TOWNSHIP, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (NICASTRO), Respondent.

Commonwealth Court of Pennsylvania.

Decided March 17, 2011.

Reargument Denied May 16, 2011.

Publication Ordered June 21, 2011.

Attorney(s) appearing for the Case

Cecilia M. Muneses , Media, for petitioner.

Arthur G. Girton , Chester, for respondent Mark Nicastro.

BEFORE: COHN JUBELIRER, Judge, and LEAVITT, Judge, and BUTLER, Judge.

OPINION BY Judge LEAVITT.

Upper Darby Township (Employer) petitions for review of an adjudication of the Workers' Compensation Appeal Board (Board) that affirmed the Workers' Compensation Judge's (WCJ) decision reinstating the total disability benefits of Mark Nicastro (Claimant). In doing so, the Board concluded that Claimant proved, through medical evidence, that his work-related injury once again caused him to experience a loss of earning power. Because we conclude...

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