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KING v. W.C.A.B. (K-MART CORP.)

549 Pa. 75 (1997)

700 A.2d 431

Donna M. KING, Appellee, v. WORKMEN'S COMPENSATION APPEAL BOARD (K-MART CORPORATION), Appellant.

Supreme Court of Pennsylvania.

Decided September 19, 1997.

Attorney(s) appearing for the Case

Patricia A. Mattern, Philadelphia, Gregory J. Davis, Ft. Washington, Dennis K. Barnes, Philadelphia, for K-Mart Corp.

Kenneth M. Rodgers, Philadelphia, for Donna King.

David S. Hawkins, Sudbury, Ontario, CN, for W.C.A.B.

Daniel K. Bricmont, Pittsburgh, for Amicus-P.T.A. Trial Lawyers.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE and NIGRO, JJ.

OPINION

ZAPPALA, Justice.

This case involves an employer's petition to terminate workers' compensation benefits due to the claimant's complete recovery, where a previous petition based on the same grounds was denied. Commonwealth Court held that the second petition "must fail by reason of issue preclusion," because the employer failed to demonstrate that the claimant's condition had changed after the denial...

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