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This appeal presents the question of whether the Workers Compensation Judge ("WCJ") erred in granting a claimants penalty petition against an employer who failed to pay a workers compensation award within thirty (30) days of the decision of the Workers Compensation Appeal Board ("the Board") awarding the benefit, in alleged violation of Section 428 of the Workers Compensation Act ("the Act"), but where the employer failed to pay the award in reliance upon a supersedeas request it timely filed pursuant to Section 111.22 of the Pennsylvania Administrative Code. 34 Pa. Code 111.22. This matter requires this Court to address an alleged tension between the Acts penalty provisions and the Boards supersedeas regulations. The Commonwealth Court affirmed the Boards holding that the WCJ erred in awarding a penalty for the period during which the employers supersedeas request was pending before the Board. For the reasons set forth below, we agree that where, as here, an employer timely files a request for supersedeas pursuant to the Boards regulations, it cannot be subject to a penalty award for failing to pay the underlying benefit during the pendency of the supersedeas petition. Accordingly, we affirm.

GENRE
Professioneel en technisch
UITGEGEVEN
2006
22 februari
TAAL
EN
Engels
LENGTE
29
Pagina's
UITGEVER
LawApp Publishers
GROOTTE
81,8
kB

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