BOYERTOWN FOUNDRY v. W.C.A.B. (MARTINEZ)

No. 1273 C.D. 2011.

34 A.3d 322 (2011)

BOYERTOWN FOUNDRY and ESIS Wilmington WC, Petitioners v. WORKERS' COMPENSATION APPEAL BOARD (MARTINEZ), Respondent.

Commonwealth Court of Pennsylvania.

Decided December 8, 2011.


Attorney(s) appearing for the Case

James A. Tinnyo , Harrisburg, for petitioners.

Neil S. Kerzner , Philadelphia, for respondent Luis Martinez.

BEFORE: McGINLEY, Judge, and SIMPSON, Judge, and FRIEDMAN, Senior Judge.


OPINION BY Senior Judge FRIEDMAN.

Boyertown Foundry (Employer) and ESIS Wilmington WC (collectively, Petitioners) petition for review of a June 13, 2011, order of the Workers' Compensation Appeal Board (WCAB) to the extent that it modified the decision of a workers' compensation judge (WCJ) dismissing the claim petition filed by Luis Martinez (Claimant) "with prejudice." The WCAB substituted the words "without prejudice" in...

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