Commonwealth v. Commonwealth

Opinion by

Judge DiSalle,

The Department of Labor and Industry (Department) appeals the order of the Workmen’s Compensation Appeal Board (Board) which affirmed a referee’s determination that Roadway Express, Inc. (Roadway), did not violate The Pennsylvania Workmen’s Compensation Act (Act), Act of June 2, 1915, P.L. 736, as amended, 77 P.S. §1 et seq., when it unilaterally withheld workmen’s compensation benefits due Donald Harvey (Claimant). The Department contends that the Board erred as a matter of law in failing to conclude that Roadway violated Section 413(b) of the Act, added by Section 3…