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BUCCERI v. W.C.A.B. (FREIGHTCAR AMERICA)

No. 2021 C.D. 2010.

31 A.3d 985 (2011)

Joseph BUCCERI, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (FREIGHTCAR AMERICA CORPORATION), Respondent.

Commonwealth Court of Pennsylvania.

Decided November 22, 2011.

Attorney(s) appearing for the Case

Julie Wieczorek Fritsch , Pittsburgh, for petitioner.

Ronald M. Puntil , Pittsburgh, for respondent Freightcar America Corporation.

Douglas A. Williams , Pittsburgh, for amicus curiae Pennsylvania Association for Justice.

Stephen F. Moore , Harrisburg, for amicus curiae the Pennsylvania Defense Institute.

BEFORE: LEADBETTER, President Judge, and McCULLOUGH, Judge, and BUTLER, Judge.

OPINION BY Judge McCULLOUGH.

Joseph Bucceri (Claimant) petitions for review of the September 3, 2010, order of the Workers' Compensation Appeal Board (Board) which reversed the March 31, 2009, decision of a Workers' Compensation Judge (WCJ) granting Claimant's petition to review compensation benefits under the provisions of the Pennsylvania Workers' Compensation Act (Act).1 We now affirm in part and reverse and remand in part.

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