Reyes v. Workers' Compensation Appeal Board

DISSENTING OPINION BY

Judge PELLEGRINI.

The cost portion of this appeal looks simple, handled by the majority in about a single-typewritten page. Not a lot of money is involved either — about $3,300. But as they say, looks can be deceiving. What really is at issue is when a claimant’s attorney is entitled to have costs reimbursed when a claim petition is granted. Because Claimant’s claim petition was granted and he prevailed on “matters at issue,” Claimant is entitled to litigation costs under Section 440(a) of the Workers’ Compensation Act (Act).1 Accordingly, I respectfully dissent.

On April…