Truskey v. Commonwealth

Opinion by

Judge Craig,

In this workmen’s compensation appeal, the claimant1 attacks the board’s2 reversal of the referee’s conclusion that employer’s3 contest was unreasonable, and the board’s deletion of the additional award of attorney’s fees under Section 440 of The Pennsylvania Workmen’s Compensation Act (Act).4

The employer submits it acted reasonably in pursuing the defense that claimant did not properly notify it of the alleged injury within the 120 days required by Section 311 of the Act, as amended, 77 P.S. §631.

Although the question of reasonable contest includes factual inquiries, it…