Toy v. Workmen's Compensation Appeal Board

Although I concur in the majority’s conclusion that Claimant was entitled to a penalty on the amount of monies miscalculated by Employer in determining its credit for the payment of sickness/accident benefits and the majority’s affirmance of the Board’s dis-allowance of attorney’s fees for unreasonable contest, I disagree with the majority’s conclusion that Employer waived its right to a credit for payments it made to Claimant *704prior to a determination of liability on the claim petition because Employer failed to raise the matter of a credit before the referee; accordingly, I dissent from that…