Atlas Cylinder v. Epstein

Employer seeks reversal of a Workers’ Compensation Board order that held that claimant is entitled to temporary partial disability benefits, assessed a penalty against employer for unreasonable failure to pay benefits and awarded claimant attorney fees. Employer contends that the Board improperly considered the issue of compensability of claimant’s psychological condition, that it did not apply the proper standard of proof and that it erred in assessing a penalty and awarding attorney fees.

Claimant, a maintenance worker, compensably injured his back on October 1, 1987, while lifting a heavy…