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WAGNER v. W.C.A.B. (ANTHONY WAGNER AUTO)

No. 1527 C.D. 2011.

45 A.3d 461 (2012)

Anthony WAGNER, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (ANTHONY WAGNER AUTO REPAIRS & SALES, INC.), Respondent.

Commonwealth Court of Pennsylvania.

Decided June 4, 2012.

Attorney(s) appearing for the Case

Eugene Mattioni , Philadelphia, for petitioner.

Curtis P. Cheney, III , Philadelphia, for intervenor Harleysville Insurance Company.

BEFORE: LEADBETTER, President Judge, and LEAVITT, Judge, and COLINS, Senior Judge.

OPINION BY Judge LEAVITT.

Anthony Wagner (Claimant) petitions for review of an adjudication of the Workers' Compensation Appeal Board (Board) that denied his claim for benefits for the reason that he was exempt from coverage under his employer's workers' compensation policy. The Board affirmed the dispositive factual finding of the Workers' Compensation Judge (WCJ) that Claimant, an executive officer of the corporation that employed him, had exempted himself from...

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