Frye v. Workers' Compensation Appeal Board

OPINION BY

Judge SIMPSON.

Mark Frye (Claimant) and his Counsel1 appeal from an order of the Workers’ Compensation Appeal Board (Board) denying, in part, their penalty petition asking Volkswagen of America and the State Workers’ Insurance Fund (collectively Employer) to pay attorney fees. With respect to the contested period, the workers’ compensation judge (WCJ) found no violation of the Workers’ Compensation Act (Act),2 and the Board agreed. We affirm.

This case has an extensive history, beginning when Claimant suffered a work-related knee injury in September 1990. Pursuant to an agreement,…