Yates v. Commonwealth

Opinion by

Judge Blatt,

In view of the fact that we have reversed the "Workmen’s Compensation Appeal Board and sustained the employer’s appeal in Abbott Dairies v. Workmen’s Compensation Appeal Board, 38 Pa. Commonwealth Ct. 423, 393 A.2d 517 (1978), we must now affirm the Board’s refusal to award attorney’s fees. Under Section 440 of The Pennsylvania Workmen’s Compensation Act,1 an award of attorney’s fees can be made only when the employe is awarded compensation. Because we reversed the Board’s compensation award, an award of attorney’s fees is impossible. Shannon v. Southwark Metal Mfg. Co.,…