Mercer Lime & Stone Co. v. Workers' Compensation Appeal Board

OPINION BY

President Judge LEADBETTER.

Employer, Mercer Lime and Stone Company, petitions for review of the order of the Workers’ Compensation Appeal Board (Board), which affirmed the grant of claimant Kenneth McGallis’ penalty petition. The issue on appeal is whether employer failed to pay claimant in a timely manner in violation of the Workers’ Compensation Act (Act). 1 After review, we conclude that employer’s payment was untimely and, therefore, affirm the imposition of the five-percent penalty.

The facts are relatively undisputed. By decision and order circulated on October 18, 2004, the…