Carson/Kent Joint Venture v. Workmen's Compensation Appeal Board

I concur in part and dissent in part. I agree with the Majority that Bechtel Power Corp. v. Workmen’s Compensation Appeal Board (Miller), 70 Pa.Commonwealth Ct. 6, 452 A.2d 286 (1982), controls the present result and, like the Majority, would affirm the order of the Board dismissing the Termination Petition filed by Carson/Kent Joint Venture. However, I would grant Claimant’s request for counsel fees.