Phillips v. Workmen's Compensation Appeal Board

OPINION

NEWMAN, Justice.

Marvin Phillips (Appellant) appeals from an Order of the Commonwealth Court affirming the Workmens’ Compensation Appeal Board’s (WCAB) denial of disability benefits and assessing attorneys’ fees against his counsel for filing a frivolous *506appeal. For the reasons discussed herein, we reverse the award of attorneys’ fees.

FACTUAL AND PROCEDURAL HISTORY

From 1948 to 1991, Appellant worked as a millwright for a number of employers, including Atlantic Plant Maintenance (Atlantic). As a millwright, Appellant worked with gasket material and packing, pipe coverings, and turbine…