Elek v. Commonwealth

Opinion by

Judge Craig,

In this workmen’s compensation appeal, the claimant1 questions a denial of attorney’s fees by the board,2 which reversed the referee because the board concluded that the employer’s3 contesting of the claim was reasonsable. The award itself is not at issue in this appeal.4

Attorney’s fees are awarded under Section 440 of The Pennsylvania Workmen’s Compensation Act5 *301when a claimant prevails, unless the evidence supports a conclusion that the employer had a reasonable basis for contesting liability. Landis v. Workmen’s Compensation Appeal Board, 43 Pa. Commonwealth Ct. 491,…