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BEMIS v. W.C.A.B. (PERKIOMEN GRILLE CORP.)

No. 2687 C.D. 2010.

35 A.3d 69 (2011)

Edmondo BEMIS, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (PERKIOMEN GRILLE CORP.), Respondent.

Commonwealth Court of Pennsylvania.

Decided December 27, 2011.

Reconsideration Denied February 10, 2012.

Attorney(s) appearing for the Case

Andrew C. Onwudinjo, Pottsville, for petitioner.

Francis Moritz, Philadelphia, for respondent Perkiomen Grille Corp.

BEFORE: COHN JUBELIRER, Judge, and McCULLOUGH, Judge, and BUTLER, Judge.

OPINION BY Judge McCULLOUGH.

Edmondo Bemis (Claimant) petitions for review of the November 23, 2010, order of the Workers' Compensation Appeal Board (Board), which affirmed the decision of a Workers' Compensation Judge (WCJ) denying Claimant's claim petition. We now reverse and remand.

Claimant worked for Perkiomen Grille Corp. (Employer) as a chef and manager and had a history of smoking for approximately 30 years. On April 11, 2008, as Claimant was moving...

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