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CITY OF PHILADELPHIA v. W.C.A.B. (BUTLER)

No. 1245 C.D. 2009.

24 A.3d 1120 (2011)

CITY OF PHILADELPHIA, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (BUTLER), Respondent.

Commonwealth Court of Pennsylvania.

Decided July 26, 2011.

Attorney(s) appearing for the Case

Martin G. Malloy and Joseph P. Turchi , Philadelphia, for petitioner.

Kenneth M. Kapner , Philadelphia, 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 LEAVITT.

The City of Philadelphia (Employer) petitions for review of an adjudication of the Workers' Compensation Appeal Board (Board) denying its petition to suspend the total disability benefits of Rita Butler (Claimant) even though the Workers' Compensation Judge (WCJ) had adjudicated Claimant to be fully recovered from her work injury and able to work. The Board held that benefits can never be terminated or suspended as of a date that predates...

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