Benjamin v. Workmen's Compensation Appeal Board

RODGERS1, Senior Judge.

Fred Benjamin (Claimant) appeals from an order of the Workmen’s Compensation Appeal Board (Board) that affirmed in part and reversed in part a Workers’ Compensation Judge’s (WCJ) decision directing Furlong Manufacturing Company and its insurance carrier PMA (collectively, Employer) to pay legal fees under the Workers’ Compensation Act (Act).2 We vacate and remand with instructions.

The following facts are not in dispute. Claimant suffered a rotator cuff tear of his right shoulder on July 17, 1977, while in the course of employment as a manager of a factory outlet for…