Nickel v. Workers' Compensation Appeal Board

OPINION BY

Judge McGINLEY.

This is an appeal from the order of the Workers’ Compensation Appeal Board (Board) that reversed the decision of the Workers’ Compensation Judge (WCJ) to grant Joseph Nickel’s (Claimant) Penalty Petition.

On November 9, 2001, Claimant injured his lower back during the course and scope of his employment for Agway Agronomy (Employer). Claimant filed a claim petition on October 17, 2002. Employer denied liability.

During the pendency of the litigation, Claimant underwent two back surgeries and other treatments. Claimant’s medical bills were sent to Employers’ workers’…