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LEWIS v. W.C.A.B. (ANDY FRAIN SERVS., INC.)

No. 1501 C.D. 2010.

29 A.3d 851 (2011)

Ronald K. LEWIS, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (Andy Frain Services, Inc.), Respondent.

Commonwealth Court of Pennsylvania.

Decided September 22, 2011.

Reargument Denied November 10, 2011.

Attorney(s) appearing for the Case

Joseph F. Rodkey, Jr. , Oakmont, for petitioner.

Robert John Pasquarelli , Pittsburgh, for respondent Andy Frain Services, Inc.

BEFORE: LEAVITT, Judge, and BROBSON, Judge, and McCULLOUGH, Judge.

OPINION BY Judge BROBSON.

Petitioner Ronald K. Lewis (Claimant) petitions for review of the order of the Workers' Compensation Appeal Board (Board), dated July 2, 2010. The Board affirmed the decision and order of a Workers' Compensation Judge (WCJ), denying Claimant's claim petition. The WCJ concluded that Claimant was not entitled to benefits because (a) he did not meet his burden to prove that he was within the scope of his employment at the time of the injury...

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