Mason v. Workmen's Compensation Appeal Board

SMITH, Judge.

This case presents the question of whether attorney’s fees should be automatically assessed against a defendant under Section 440 of The Pennsylvania Workmen’s Compensation Act, Act of June 2, 1915, P.L. 736, as amended, 77 P.S. § 996, even though defendant had a reasonable basis to contest a claim. Section 440 reads in relevant part:

In any contested case where the insurer has contested liability in whole or in part, the employe or his dependent, as the case may be, in whose favor the matter at issue has been finally determined shall be awarded, in addition to the award for…