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SEARS LOGISTIC SERV. v. W.C.A.B. (PRESTON)

937 A.2d 1151 (2007)

SEARS LOGISTIC SERVICES, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (PRESTON), Respondent.

Commonwealth Court of Pennsylvania.

Decided December 5, 2007.

Attorney(s) appearing for the Case

Sharolyn L. Murphy, Philadelphia, for petitioner.

Howard P. Rovner, Feasterville, for respondent.

BEFORE: McGINLEY, Judge, and FRIEDMAN, Judge, and FLAHERTY, Senior Judge.

OPINION BY Judge FRIEDMAN.

Sears Logistic Services (Employer) petitions for review of the March 6, 2007, order of the Workers' Compensation Appeal Board (WCAB), which affirmed the decision of a workers' compensation judge (WCJ) denying Employer's termination petition. For the reasons that follow, we vacate and remand.

On January 7, 1993, while operating a tug machine in Employer's warehouse, John Preston (Claimant) stepped in a pothole, twisted his right leg...

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