LaChina v. Workmen's Compensation Appeal Board

DOYLE, Judge.

This is an appeal by Ludovico LaChina (Claimant) from an order of the Workmen’s Compensation Appeal Board, which affirmed a referee’s decision denying Claimant counsel fees under Section 440 of the Workers Compensation Act (Act).1 We reverse.

On August 4, 1987, Claimant suffered a work-related injury when he fell from the ladder of his crane. Employer accepted liability for Claimant’s injury, which was listed in the notice of compensation payable as a right brachial plexus injury.

On June 5, 1989, Employer filed a petition for modification, under Section 306(c) of the Act,2…