Commonwealth, Department of Labor & Industry v. Workers' Compensation Appeal Board

OPINION BY

Judge FRIEDMAN.

The Commonwealth of Pennsylvania, Department of Labor and Industry, Bureau of Workers’ Compensation (Commonwealth) petitions for review of the June 11, 2002, order of the Workers’ Compensation Appeal Board (WCAB), which amended the order of a workers’ compensation judge (WCJ) requiring the Commonwealth to pay a penalty on past due benefits in an occupational disease case.

Chester Bergman (Claimant) filed a claim petition seeking benefits under section 301® of The Pennsylvania Occupational Disease Act (OD Act), Act of June 21, 1939, P.L. 566, as amended, 77 P.S. §…