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PennDOT and CompServices, Inc. v. WCAB (Clippinger) (Majority)
State: Pennsylvania
Court: Pennsylvania Eastern District Court
Docket No: 1142 C.D. 2011
Case Date: 12/30/2011
Plaintiff: PennDOT and CompServices, Inc.
Defendant: WCAB (Clippinger) (Majority)
Preview:IN THE COMMONWEALTH COURT OF PENNSYLVANIA

Commonwealth of Pennsylvania,   :
Department of Transportation and  :
CompServices, Inc.,    :
   Petitioners  : No. 1142 C.D. 2011
     :
v.    : Submitted: October 7, 2011
     :  
Workers' Compensation Appeal  :
Board (Clippinger),   :
   Respondent  :

BEFORE: HONORABLE BERNARD L. McGINLEY, Judge  
HONORABLE ROBERT SIMPSON, Judge
HONORABLE ROCHELLE S. FRIEDMAN, Senior Judge


OPINION
BY JUDGE SIMPSON   FILED: December 30, 2011

In this workers. compensation appeal, the Commonwealth of Pennsylvania, Department of Transportation and CompServices, Inc. (collectively, Employer) ask whether the workers. compensation authorities erred in denying their petition for review of a utilization review (UR) determination.  Additionally, Employer challenges the grant of Larry Clippinger.s (Claimant) petition to review medical treatment and/or billing and his penalty petition.  Employer argues the workers. compensation authorities erred in: (1) determining Employer was responsible for the unliquidated costs of purchasing and installing a new home therapy pool and an addition to Claimant.s home to house the pool; (2) granting Claimant.s penalty petition; and, (3) awarding unreasonable contest attorney fees and litigation costs.  Upon review, we vacate in part, affirm in part, and remand.

In 1992, Claimant sustained a low back injury while working for Employer.  The nature of the injury was described as
Download 1142-c-d-2011.pdf

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