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WORKMEN'S COMPENSATION APPEAL BOARD COMMONWEALTH PENNSYLVANIA AND CRUCIBLE v. LARRY R. DOWLING (11/18/75)

decided: November 18, 1975.

WORKMEN'S COMPENSATION APPEAL BOARD OF THE COMMONWEALTH OF PENNSYLVANIA AND CRUCIBLE, INC.
v.
LARRY R. DOWLING, APPELLANT



Appeal from the Order of the Workmen's Compensation Appeal Board in case of Larry R. Dowling v. Crucible, Inc., No. A-61962.

COUNSEL

Philip D. Freedman, with him Caldwell, Clouser & Kearns, William G. Boyle, and Meyer, Unkovic & Scott, for appellant.

James N. Diefenderfer, for appellees.

Judges Wilkinson, Jr., Rogers and Blatt, sitting as a panel of three. Opinion by Judge Wilkinson.

Author: Wilkinson

[ 22 Pa. Commw. Page 7]

We have no doubt that had the Workmen's Compensation Appeal Board had the benefit of Judge Mencer's decision, filed August 6, 1975, in Workmen's Compensation Appeal Board v. Leuschen, 21 Pa. Commonwealth Ct. 39, 342 A.2d 810 (1975), when it decided this case on April 10, 1975, we would not have it here before us today. The only question involved is whether the referee

[ 22 Pa. Commw. Page 8]

    or the Board can reduce an attorney's fee when it has been agreed upon by the client and does not exceed twenty per centum (20%). This question was put to rest by Leuschen, supra. The fee must be approved under such circumstances.

Accordingly, we enter the following

Order

Now, November 18, 1975, the order of the Workmen's Compensation Appeal Board is reversed and set aside, and the claimant's requested attorney's fee in the amount of $5,500.00, being 20% of the amount awarded, as agreed upon between the parties, is affirmed.

Disposition

Reversed. Requested attorney ...


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