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SEPTA v. W.C.A.B. (CUNNINGHAM)

No. 2045 C.D. 2011.

72 A.3d 814 (2013)

SOUTHEASTERN PENNSYLVANIA TRANSPORTATION AUTHORITY (SEPTA), Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (CUNNINGHAM), Respondent.

Commonwealth Court of Pennsylvania.

Decided July 12, 2013.

Attorney(s) appearing for the Case

Thomas A. Strohmetz , Eagleville, for petitioner.

Leah Cilo , Philadelphia, for respondent James Cunningham.

BEFORE: PELLEGRINI, President Judge, and COHN JUBELIRER, Judge, and SIMPSON, Judge, and LEAVITT, Judge, and BROBSON, Judge, and McCULLOUGH, Judge, and COVEY, Judge.

OPINION BY Judge McCULLOUGH.

Southeastern Pennsylvania Transportation Authority (Employer) petitions for review of the September 28, 2011 order of the Workers' Compensation Appeal Board (Board), which reversed the order of a workers' compensation judge (WCJ) suspending benefits payable to James Cunningham (Claimant).1 For the reasons that follow, we reverse.

The facts of this case are not in dispute. On June 11, 1996, Claimant...

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