Drayton v. Workmen's Compensation Appeal Board

Opinion by

Senior Judge Narick,

The sole issue before us in this workmens compensation appeal is whether attorneys fees should be assessed against Fruehauf Corp. (Employer) for failure to establish a reasonable basis for its contest of Leon Draytons (Claimants) claim for benefits.1 The referee awarded counsel fees; the Workmens Compensation Appeal Board (Board) reversed. We now reverse.

At the hearing held on October 22, 1984, the Claimant described the circumstances surrounding two work-related injuries to his back. The first occurred December 19, 1983, when Claimant experienced back pain on…