Fontaine, Jr. v. WCAB (Philip Fountain & Son, et al.) (Majority Opinion)

State: Pennsylvania

Court: Pennsylvania Eastern District Court

Docket No: 299 C.D. 1999

Case Date: 10/19/1999

Plaintiff: Fontaine, Jr.

Defendant: WCAB (Philip Fountain & Son, et al.) (Majority Opinion)

Preview:IN THE COMMONWEALTH COURT OF PENNSYLVANIA : : : v. : : WORKERS' COMPENSATION : APPEAL BOARD (PHILIP : FOUNTAIN & SON and STATE : WORKMEN'S INSURANCE FUND), : Respondents : BEFORE: ISAIAH FONTAINE, JR., Petitioner

No. 299 C.D. 1999 Submitted: June 4, 1999

HONORABLE JOSEPH T. DOYLE, President Judge HONORABLE ROCHELLE S. FRIEDMAN, Judge HONORABLE BONNIE BRIGANCE LEADBETTER, Judge FILED: October 19, 1999

OPINION BY JUDGE FRIEDMAN

Isaiah Fontaine, Jr., (Claimant) appeals from an order of the Workers' Compensation Appeal Board (WCAB), which affirmed a decision of a workers' compensation judge (WCJ) to modify Claimant's compensation benefits. affirm in part, vacate in part and remand. We

Claimant was employed as a working foreman for Philip Fountain & Son (Employer), whose business involved installing and removing vault doors. (WCJ's Findings of Fact, No. 15; Claimant's brief at 6.) On March 7, 1994, Claimant injured his neck and back as a result of a work-related motor vehicle accident. (WCJ's Findings of Fact, Nos. 1, 5.) Pursuant to a Notice of

Compensation Payable under the Pennsylvania Workers' Compensation Act (Act),1
1

Act of June 2, 1915, P.L. 736, as amended, 77 P.S.

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