Yates v. Commonwealth

Commonwealth Court of Pennsylvania

Yates v. Commonwealth

393 A.2d 516, 38 Pa. Commw. 409, 1978 Pa. Commw. LEXIS 1414

CourtCommonwealth Court of Pennsylvania

DecidedNovember 8, 1978

DocketAppeal, No. 1207 C.D. 1977

StatusPublished

Cited by1 cases

This text of 393 A.2d 516 (Yates v. Commonwealth) is published on Counsel Stack Legal Research, covering Commonwealth Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Yates v. Commonwealth, 393 A.2d 516, 38 Pa. Commw. 409, 1978 Pa. Commw. LEXIS 1414 (Pa. Ct. App. 1978).

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Opinion

Opinion by

Judge Blatt,

In view of the fact that we have reversed the "Workmen’s Compensation Appeal Board and sustained the employer’s appeal in Abbott Dairies v. Workmen’s Compensation Appeal Board, 38 Pa. Commonwealth Ct. 423, 393 A.2d 517 (1978), we must now affirm the Board’s refusal to award attorney’s fees. Under Section 440 of The Pennsylvania Workmen’s Compensation Act,¹ an award of attorney’s fees can be made only when the employe is awarded compensation. Because we reversed the Board’s compensation award, an award of attorney’s fees is impossible. Shannon v. Southwark Metal Mfg. Co., 27 Pa. Commonwealth Ct. 461, 366 A.2d 963 (1976).

Judge DiSalle concurs in result only.

Obdeb,

And Now, this 8th day of November, 1978, the order of the Workmen’s Compensation Appeal Board denying counsel fees to this claimant is hereby affirmed.

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Opinion by

Judge Blatt,

In view of the fact that we have reversed the "Workmen’s Compensation Appeal Board and sustained the employer’s appeal in Abbott Dairies v. Workmen’s Compensation Appeal Board, 38 Pa. Commonwealth Ct. 423, 393 A.2d 517 (1978), we must now affirm the Board’s refusal to award attorney’s fees. Under Section 440 of The Pennsylvania Workmen’s Compensation Act,¹ an award of attorney’s fees can be made only when the employe is awarded compensation. Because we reversed the Board’s compensation award, an award of attorney’s fees is impossible. Shannon v. Southwark Metal Mfg. Co., 27 Pa. Commonwealth Ct. 461, 366 A.2d 963 (1976).

Judge DiSalle concurs in result only.

Obdeb,

And Now, this 8th day of November, 1978, the order of the Workmen’s Compensation Appeal Board denying counsel fees to this claimant is hereby affirmed.

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393 A.2d 516, 38 Pa. Commw. 409, 1978 Pa. Commw. LEXIS 1414, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yates-v-commonwealth-pacommwct-1978.

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