McKay v. Workmen's Compensation Appeal Board

KELTON, Senior Judge.

Claimant Jack McKay petitions for review of the April 26, 1994 order of the Workers’ Compensation Appeal Board (Board) reversing the Referee’s award of penalties against Employer Bethenergy Mines, Inc. pursuant *263to Section 435 of the Pennsylvania Workers’ Compensation Act (Act).1

The issue before us for review is whether Employer violated the Act by failing to meet its burden in a modification proceeding, thereby entitling Claimant to a penalties award. We affirm the order of the Board.2

Facts

Claimant suffered a work-related injury and received workers’ compensation…