Helicopters v. Workers' Compensation Appeal Board (Cobb)

SMITH, Judge.

Boeing Helicopters (Employer) petitions for review of an order of the Workers’ Compensation Appeal Board (Board) that affirmed an order of a Workers’ Compensation Judge (WCJ) granting a penalty petition filed by Maynard Cobb (Claimant). Employer questions whether the Board and the WCJ erred in applying the rule of law established in Toy v. Workmen’s Compensation Appeal Board (Alltel Pa., Inc.), 651 A.2d 701 (Pa. Cmwlth.1994), that an employer or insurer claiming a right to a credit against workers’ compensation liability must raise that issue in the original claim petition…