Volterano v. Workmen's Compensation Appeal Board

DOYLE, Judge.

This is an appeal by John Volterano (Claimant) from an order of the Workmen’s Compensation Appeal Board (Board) which reversed a referee’s grant of benefits to him but upheld the referee’s decision to deny him penalties and attorney fees.

The following facts are pertinent. Claimant had been employed for forty years by Allied Corp. (Employer) as a millwright and tool room attendant. In the course of his duties Claimant was frequently exposed to asbestos. On August 20, 1984 Claimant injured his shoulder allegedly while climbing a ladder at work. He sustained a torn rotator cuff and…