Eugenie v. Workmen's Compensation Appeal Board

KELLEY, Judge.

John Eugenie, by his guardian Barbara Whalen (claimant), appeals an order of the Workmen’s Compensation Appeal Board, which reversed in part and modified in part a referee’s decision awarding claimant’s counsel a twenty percent attorney’s fee, as well as a twenty percent penalty on past due benefits, pursuant to Sections 440. and 442 of The Pennsylvania Workmen’s Compensation Act.1

Claimant, while employed as a messenger by Sheltered Employment Service (employer), sustained a severe brain injury as a result of a work-related fall on July 27, 1984. During the next four years,…