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Dept. of Public Welfare v. Workers' Compensation Appeal Board

Granting of employee's penalty petition affirmed where employer failed to comply with terms of a stipulation it entered into in regard to employee's claim petition; employer was estopped from proceeding upon a theory that WCJ lacked jurisdiction over a stipulation that was incorporated into WCJ's order pursuant to employer's request, and WCJ's findings were all supported by the terms of the stipulation.

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Submitted: March 9, 2001

OPINION

The Department of Public Welfare (DPW) petitions for review of a decision of the Workers’ Compensation Appeal Board (Board) that affirmed the order of a Workers’ Compensation Judge granting a penalty petition filed by Elizabeth P. Overton when DPW allegedly failed to comply with the terms of a Stipulation that it entered into in regard to Overton’s claim petition. DPW questions whether the WCJ exceeded his authority by interpreting and enforcing a private benefit program that is not covered by the Workers’ Compensation Act (Act); *fn1 whether the decision to award additional work-related disability leave benefits was supported by substantial evidence; whether the WCJ erred in awarding a 70 percent penalty for alleged non-payment of a non-workers’-compensation benefit; and whether the WCJ erred in awarding attorney’s fees where the contest was reasonable and the amount awarded was in error.

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