Bates v. Workers' Compensation Appeal Board

DISSENTING OPINION BY

Judge McGINLEY.

I respectfully dissent to the majority’s conclusion that “employer’s contest was reasonable and the Board did not err in affirming the WCJ’s denial of an award of attorney’s fees.” (footnote omitted). Opinion at 165.

In the present controversy, the record reveals that Employer committed two violations of the Act. First, Employer issued its first payment to Claimant approximately one week beyond the twenty-one day period following Claimant’s injury. Section 406.1(a) of the Act, 77 P.S. § 717.1(a), provides that “[t]he first installment of compensation shall…