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CITY OF PITTSBURGH v. W.C.A.B. (MARINACK)

No. 100 C.D. 2011.

37 A.3d 39 (2012)

CITY OF PITTSBURGH and UPMC Benefit Management Services, Inc., Petitioners v. WORKERS' COMPENSATION APPEAL BOARD (MARINACK), Respondent.

Commonwealth Court of Pennsylvania.

Decided February 7, 2012.

Attorney(s) appearing for the Case

Michael B. Dodd , Pittsburgh, for petitioner.

Kenneth P. Marinack , pro se.

BEFORE: McGINLEY, Judge, and LEAVITT, Judge, and COLINS, Senior Judge.

OPINION BY Judge LEAVITT.

The City of Pittsburgh (Employer) petitions for review of an adjudication of the Workers' Compensation Appeal Board (Board) denying its petition to suspend the disability compensation of Kenneth Marinack (Claimant). In doing so, the Board reversed the decision of the Workers' Compensation Judge (WCJ) that Claimant had voluntarily withdrawn from the workforce, as evidenced by his application for a disability pension and lack of effort to find...

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