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NICKEL v. W.C.A.B. (AGWAY AGRONOMY)

No. 719 C.D. 2008.

959 A.2d 498 (2008)

Joseph NICKEL, Petitioner v. WORKERS' COMPENSATION APPEAL BOARD (AGWAY AGRONOMY), Respondent.

Commonwealth Court of Pennsylvania.

Decided October 22, 2008.

Attorney(s) appearing for the Case

Thomas J. Floyd, Jr., Lancaster, for petitioner.

Paul J. Dellasega, Harrisburg, for respondent.

BEFORE: McGINLEY, Judge, COHN JUBELIRER, Judge, and BUTLER, Judge.

OPINION BY Judge McGINLEY.

This is an appeal from the order of the Workers' Compensation Appeal Board (Board) that reversed the decision of the Workers' Compensation Judge (WCJ) to grant Joseph Nickel's (Claimant) Penalty Petition.

On November 9, 2001, Claimant injured his lower back during the course and scope of his employment for Agway Agronomy (Employer). Claimant filed a claim petition on October 17, 2002. Employer denied liability.

During the...

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