Penczkowski v. Workmen's Compensation Appeal Board

Opinion by

Judge Palladino,

This is an appeal by Edward Penczkowski (Claimant) from an order of the Workmens Compensation Appeal Board (Board) affirming a referees decision which denied a modification petition presented by Foster Wheeler Energy Corporation (Employer) but declined to award attorneys fees to Claimant pursuant to Section 440 of The Pennsylvania Workmens Compensation Act (Section 440). Claimant is appealing only the denial of attorneys fees. We affirm the Boards order.

The facts as found by the referee are not in dispute. On February 28, 1975, Claimant sustained a work-related…