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DEPT. OF LABOR v. W.C.A.B. (CRAWFORD & CO.)

No. 102 MAP 2009

23 A.3d 511 (2011)

DEPARTMENT OF LABOR & INDUSTRY, BUREAU OF WORKERS' COMPENSATION, Appellant v. WORKERS' COMPENSATION APPEAL BOARD (CRAWFORD & COMPANY), Appellees.

Supreme Court of Pennsylvania.

Decided July 19, 2011.

Attorney(s) appearing for the Case

Janet Louise Palese , Thomas Joseph Kuzma , Harrisburg, PA Bureau of Workers' Compensation, for Bureau of Workers' Compensation.

Karyn Dobroskey Rienzi , Jonathan B. Sprague , Post & Schell, P.C., Philadelphia, Perry David Merlo , Post & Schell, P.C., Lancaster, for Crawford & Company.

Richard C. Lengler , Harrisburg, Amber Marie Kenger , for Worker's Compensation Appeal Board.

BEFORE: CASTILLE, C.J., SAYLOR, EAKIN, BAER, TODD, McCAFFERY, ORIE MELVIN, JJ.

OPINION

Justice EAKIN.

Claimant Kevin Ressler suffered a recognized work injury July 21, 1995, in the nature of tendonitis of the right shoulder. A notice of compensation payable was issued, and Mr. Ressler began receiving Workers' Compensation benefits and coverage for his medical bills. On March 16, 2004, Mr. Ressler submitted to an independent medical evaluation (IME); the sequence of events thereafter is the crux of this case.

On June...

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