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ERISCO INDUSTRIES, INC. v. W.C.A.B. (LUVINE)

No. 657 C.D. 2008

955 A.2d 1065 (2008)

ERISCO INDUSTRIES, INC. and Inservco Insurance Services, Inc., Petitioners v. WORKERS' COMPENSATION APPEAL BOARD (LUVINE), Respondent.

Commonwealth Court of Pennsylvania.

Filed September 3, 2008.

Attorney(s) appearing for the Case

Thomas D. Gladden, Pittsburgh, for petitioner.

Kevin W. Barron, Erie, for respondent.

BEFORE: LEADBETTER, President Judge, and FRIEDMAN, Judge, and FLAHERTY, Senior Judge.

OPINION BY President Judge LEADBETTER.

Erisco Industries, Inc. (Employer) petitions for review of the order of the Workers' Compensation Appeal Board (Board) that reversed the decision of the Workers' Compensation Judge (WCJ), suspending the total disability benefits of George Luvine (Claimant). Employer challenges the Board's determination, which was based upon the doctrine of collateral estoppel. In a prior claim petition proceeding, this Court held that Employer...

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