Toy v. Workmen's Compensation Appeal Board

NEWMAN, Judge.

Donald Toy (Claimant) appeals from an order of the Workmen’s Compensation Appeal Board (Board) reversing a referee’s decision that granted Claimant’s petition for penalties and awarded him attorney’s fees.

Claimant, a lineman for Alltel Pa., Inc. (Employer), filed a claim petition on August 21, 1987, alleging that he sustained an injury to his lower back on July 14,1987.1 Employer filed an answer denying the material allegations of the petition. Following hearings, the referee found that Claimant sustained a wqrk-related injury and awarded him benefits for a closed period.2…